DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Forestry Tasmania
(AG2018/1598)

SUSTAINABLE TIMBER TASMANIA ENTERPRISE AGREEMENT 2018

Tasmania
COMMISSIONER HARPER-GREENWELL	SYDNEY, 31 OCTOBER 2018

Application for approval of the Sustainable Timber Tasmania Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sustainable Timber Tasmania Enterprise Agreement 2018 (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 Employer 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] The CPSU, the 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 the organisations.

[5] The Agreement was approved on 31 October 2018 and, in accordance with s.54, will operate from 7 November 2018. The nominal expiry date of the Agreement is 7 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Forestry Tasmania was a case brought before the Fair Work Commission in Australia. The applicants sought approval of the Sustainable Timber Tasmania Enterprise Agreement 2018, a proposed agreement between the employer and its employees. The respondents, Forestry Tasmania, contested the application, raising concerns about various aspects of the agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements outlined in the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, maximum hours of work, and other employment-related matters. Additionally, the Commission needed to consider whether the agreement had been genuinely negotiated and whether it contained appropriate processes for the resolution of workplace disputes.

In its decision, the Commission found that the agreement met the necessary criteria for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, maximum hours of work, and other employment-related matters. The Commission also found that the agreement had been genuinely negotiated and contained appropriate processes for the resolution of workplace disputes. Accordingly, the Commission approved the application for approval of the Sustainable Timber Tasmania Enterprise Agreement 2018. The Commission issued an approval certificate for the agreement, which will now apply to the employees of Forestry Tasmania.

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