CMTP Pty Ltd T/A CMTP Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved CMTP Pty Ltd T/A CMTP Pty Ltd, which sought approval for the CMTP Pty Ltd Tasmania Enterprise Agreement 2023. The application was brought before the Fair Work Commission, which has jurisdiction over matters relating to enterprise agreements under the Fair Work Act 2009. The dispute centred around the application for the approval of the enterprise agreement, which was argued by the applicant to be fair and reasonable in all its terms.

The court was tasked with determining whether the enterprise agreement met the criteria for approval as set out in the Fair Work Act. This involved assessing the fairness of the agreement's terms, considering factors such as the bargaining positions of the parties, the nature of the employment, and the overall impact on the employees. Additionally, the court had to ensure that the agreement complied with the relevant provisions of the Act and did not undermine any fundamental rights of employees.

In its decision, the Fair Work Commission found that the CMTP Pty Ltd Tasmania Enterprise Agreement 2023 was fair and reasonable. The court considered the evidence presented by both parties, including submissions on the bargaining positions, the content of the agreement, and the potential impact on employees. The Commission concluded that the agreement was made in good faith and did not have an adverse effect on the fundamental rights of employees. Consequently, the court approved the enterprise agreement, finding it to be compliant with the requirements of the Fair Work Act.

The Fair Work Commission's final orders approved the CMTP Pty Ltd Tasmania Enterprise Agreement 2023, effective from the date of the decision. The approval granted by the Commission ensures that the agreement can be implemented and enforced as a binding contract between the employer and the employees. This decision provides clarity and certainty for both parties moving forward, as the approved enterprise agreement now serves as the governing document for their industrial relations.

CMTP Pty Ltd T/A CMTP Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established