Environment Tasmania Incorporated Summary

[2014] FWCA 3311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Environment Tasmania Incorporated
(AG2014/563)

ENVIRONMENT TASMANIA ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 19 MAY 2014

Application for approval of the Environment Tasmania Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Environment Tasmania Enterprise Agreement 2013 (the Agreement). The application was made by Environment Tasmania Incorporated pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 26 May 2014. The nominal expiry date of the Agreement is 25 May 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Environment Tasmania Incorporated brought an application to the Fair Work Commission for approval of the Environment Tasmania Enterprise Agreement 2013. The Fair Work Commission assessed whether the agreement complied with the relevant statutory requirements and if it was in the best interests of the employees. The legal issues before the Fair Work Commission were whether the agreement met the statutory prerequisites for approval, including that it provided for fair and reasonable terms and conditions, and whether it was appropriate to approve the agreement in the interest of the employees.

The Fair Work Commission considered the provisions of the Fair Work Act 2009, which outlines the criteria for the approval of an enterprise agreement. The Commission examined the terms of the agreement, the process by which it was negotiated, and the interests of the employees. The Commission also assessed whether the agreement met the standards of the Fair Work (Registered Organisations) Act 2009. The Commission found that the agreement was negotiated in good faith, was fair and reasonable, and was in the best interests of the employees. The agreement provided for fair and reasonable terms and conditions, and it met the statutory requirements for approval.

The Fair Work Commission approved the Environment Tasmania Enterprise Agreement 2013, finding that it complied with the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement was negotiated in good faith and that it provided for fair and reasonable terms and conditions. The Commission considered the interests of the employees and found that the agreement was appropriate for approval. The Fair Work Commission made an order approving the Environment Tasmania Enterprise Agreement 2013.

Environment Tasmania Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established