DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CMTP Pty Ltd
(AG2016/7478)

CMTP PTY LTD TASMANIA EMPLOYEE COLLECTIVE AGREEMENT 2016

Tasmania
COMMISSIONER ROE	MELBOURNE, 19 JANUARY 2017

Application for approval of the CMTP Pty Ltd Tasmania Employee Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CMTP Pty Ltd Tasmania Employee Collective Agreement 2016 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 19 January 2017 and, in accordance with s.54, will operate from 26 January 2017. The nominal expiry date of the Agreement is 19 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CMTP Pty Ltd, a company operating in Tasmania, applied to the Fair Work Commission for the approval of a collective agreement made with its employees. The dispute centred around the terms and conditions of employment as outlined in the proposed collective agreement. The Fair Work Commission, presided over by Commissioner Delle Falze, was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issue before the Commission was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009, specifically in terms of its coverage, negotiation process, and content. The Commission needed to ensure that the agreement had been made in good faith, and that it contained provisions that were fair and reasonable. Additionally, the Commission needed to confirm that the agreement had been negotiated with appropriate employee representatives and that it covered the requisite number of employees to warrant registration.

In delivering the decision, Commissioner Delle Falze examined the evidence provided by the parties and considered the statutory criteria for approval. The Commissioner found that the collective agreement had been made in good faith and contained provisions that were fair and reasonable. The negotiation process was deemed to be appropriate, with the agreement covering a sufficient number of employees to warrant registration. Based on these findings, the Commissioner approved the collective agreement, recognising it as a valid and enforceable instrument under the Fair Work Act.

As a result of the approval, the terms and conditions outlined in the CMTP Pty Ltd Tasmania Employee Collective Agreement 2016 are now legally binding on the parties involved. The decision affirms the importance of ensuring that collective agreements are made in accordance with the law and that they serve the interests of both employers and employees.

CMTP Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established