CMTP Pty Ltd

[2019] FWCA 2485

[2019] FWCA 2485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CMTP Pty Ltd
(AG2018/7167)

CMTP DANDENONG AGREEMENT 2018

Timber and paper products industry
COMMISSIONER BISSETT	MELBOURNE, 16 APRIL 2019

Application for approval of the CMTP Dandenong Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CMTP Dandenong Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CMTP Pty Ltd. The Agreement is a single enterprise agreement.

[2] A hearing in relation to the application for approval of the Agreement was held to enable me to hear from the parties to the Agreement in relation to the Notice of Employee Representational Rights (NERR) and a request of CMTP Pty Ltd to redact the rates of pay from the Agreement prior to its publication.

[3] Following hearing from Ms Maddi Veal for CMTP Pty Ltd and employees of CMTP Pty Ltd I am satisfied that the content of the NERR was presented to employees in the form required by the Act. Further, I am satisfied that employees were not advised that they were required to nominate a bargaining representative such that the default bargaining representative position as notified in the NERR was not altered.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] CMTP Pty Ltd accept that it is not possible to redact the pay rates from the published Agreement. 1 Ms Veal indicated that, in such circumstances it would not press for redaction.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2019. The nominal expiry date of the Agreement is 15 April 2022.

COMMISSIONER

Appearances:

M. Veal, G. Eminovski, L. Jeffrey and M.Jefri Tan for CMTP Pty Ltd.

Hearing details:

2019.

Melbourne:

April 10.

 1   See AWU v Oji Foodservice Packaging Solutions (Aus) Pty Ltd[2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

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