DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Forestry Tasmania
(AG2016/7991)

FORESTRY TASMANIA ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER ROE	MELBOURNE, 15 MARCH 2017

Application for approval of the Forestry Tasmania Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Forestry Tasmania Enterprise 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 Forestry Tasmania. 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 CPSU, Community and Public Sector Union and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 15 March 2017 and, in accordance with s.54, will operate from 22 March 2017. The nominal expiry date of the Agreement is I July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, representing forestry workers, sought approval of the Forestry Tasmania Enterprise Agreement 2016. The respondent, Forestry Tasmania, opposed the application. The matter was heard in the Fair Work Commission. The central legal issues revolved around whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was certified as "bargained for" by an independent bargaining representative, and if it adhered to the provisions of the Act, including those related to minimum entitlements, procedural fairness, and genuine bargaining. The court examined the processes followed during the negotiation of the agreement and the conduct of the parties to ensure compliance with the statutory framework.

In its reasoning, the court assessed the evidence provided regarding the negotiation process and the conduct of the parties. It considered whether the agreement was genuinely bargained for and whether it provided for minimum entitlements as prescribed by the Act. The court also evaluated whether the agreement was procedurally fair and whether the parties acted in good faith. Ultimately, the court found that the agreement satisfied the statutory requirements and was appropriately certified. The court approved the application for the agreement, emphasising the importance of genuine bargaining and compliance with the Act. This decision affirms the agreement as a valid and binding enterprise agreement between the parties.

Forestry Tasmania

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established