CMTP Pty Ltd T/A CMTP Pty Ltd
[2023] FWCA 2391
•1 AUGUST 2023
| [2023] FWCA 2391 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
CMTP Pty Ltd T/A CMTP Pty Ltd
(AG2023/2460)
CMTP PTY LTD TASMANIA ENTERPRISE AGREEMENT 2023
| Timber and paper products industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 1 AUGUST 2023 |
Application for approval of the CMTP Pty Ltd Tasmania Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the CMTP Pty Ltd Tasmania Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) states that CMTP Pty Ltd is bargaining in relation to the ‘CMTP PTY LTD TASMANIA ENTERPRISE AGREEMENT 2020’ and proposes to cover employees that are covered under the Timber Industry Award 2020. This is an error. Having received further submissions from the Applicant, I am satisfied that the matters set out in s.188(2) have been met and that the proposed agreement has been genuinely agreed in accordance with that section.
I am satisfied that each of the remaining requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.
I note that Clause 7 of the Agreement provides that if, at any time, the conditions set out in this Agreement, including the Award are less favorable overall than those in the National Employment Standards (the NES), the conditions in the NES will apply to the exclusion of this Agreement.
The Construction, Forestry, Maritime, Mining & Energy Union (CFMMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMMEU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 August 2026.
DEPUTY PRESIDENT
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