DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Forestry Tasmania
(AG2015/848)

FORESTRY TASMANIA ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 4 MAY 2015

Application for approval of the Forestry Tasmania Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Forestry Tasmania Enterprise Agreement 2015 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in 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.

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

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 4 May 2015 and, in accordance with s.54 of the Act, will operate from 11 May 2015. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Forestry Tasmania, sought approval of the Forestry Tasmania Enterprise Agreement 2015. The application was heard in the Fair Work Commission. The nature of the dispute involved the terms and conditions of employment for employees covered by the proposed agreement, which was to replace an existing agreement that had expired.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. The Commission also considered whether the agreement appropriately balanced the interests of the employees and the employer.

The Commission found that the proposed agreement was fair and reasonable, taking into account various factors such as the economic climate, the need for productivity improvements, and the interests of both parties. The Commission concluded that the agreement had been made in good faith and that it appropriately balanced the interests of the employees and the employer. The Commission approved the Forestry Tasmania Enterprise Agreement 2015, noting that it provided for appropriate mechanisms for resolving disputes and ensuring compliance with the agreement.

The final orders included the approval of the Forestry Tasmania Enterprise Agreement 2015, with specific provisions for the duration of the agreement, the process for dispute resolution, and the mechanisms for ensuring compliance by both parties. The Commission also noted that the agreement provided for appropriate protections for employees, including provisions for minimum wages, leave entitlements, and occupational health and safety.

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