CMTP Pty Ltd Summary | CaseChat AU

[2023] FWCA 1359

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CMTP Pty Ltd

(AG2023/1082)

CMTP (SA) PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 12 MAY 2023

Application for approval of the CMTP (SA) Pty Ltd Employee Collective Agreement 2023

CMTP Pty Ltd has applied for approval of a single enterprise agreement known as the CMTP (SA) Pty Ltd Employee Collective Agreement 2023 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 19 May 2023. The nominal expiry date of the Agreement is 1 July 2025.

The Agreement covers the Construction, Forestry, Maritime, Mining and Energy Union

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission was an application for the approval of the CMTP (SA) Pty Ltd Employee Collective Agreement 2023. The application was brought by CMTP (SA) Pty Ltd, and the dispute involved whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The Commission had to determine if the agreement met the criteria for approval, including whether it provided for the proper management of the workplace, and whether it contained terms that were consistent with the provisions of the Act.

The key legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act, particularly in terms of its compliance with the good faith bargaining provisions and its consistency with the provisions of the Act. The Commission needed to assess if the agreement provided for the proper management of the workplace, and whether it contained terms that were not inconsistent with the Act. Additionally, the Commission had to consider whether the agreement had been made in good faith and whether it provided for the proper management of the workplace.

The Commission found that the proposed agreement met the requirements for approval under the Fair Work Act. It held that the agreement provided for the proper management of the workplace and contained terms that were consistent with the provisions of the Act. The Commission was satisfied that the agreement had been made in good faith and provided for the proper management of the workplace. It found that the agreement contained terms that were not inconsistent with the Act, and that it met the requirements for approval.

The Commission approved the CMTP (SA) Pty Ltd Employee Collective Agreement 2023, and it will now be registered with the Fair Work Commission. The agreement will provide for the proper management of the workplace and will be consistent with the provisions of the Fair Work Act. The approval of the agreement will provide certainty for the parties involved and will ensure that the agreement is compliant with the requirements of the Act.

CMTP Pty Ltd

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