DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oak Tasmania
(AG2016/1056)

OAK TASMANIA ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 16 JUNE 2016

Application for approval of the Oak Tasmania Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Oak 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 Oak 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] The Health Services 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2016. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Oak Tasmania, with the applicant being the employer and the respondent being the employees' union. The dispute centred around the approval of the Oak Tasmania Enterprise Agreement 2016. The matter was brought before the Fair Work Commission.

The central legal issue before the court was whether the Enterprise Agreement complied with the relevant legislative provisions and if it was made in good faith and in accordance with the applicable industrial relations laws. The court needed to consider the terms of the agreement and whether it met the statutory requirements for approval.

In determining the matter, the court examined the specific provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. It assessed whether the agreement met the criteria for approval, including being free from prohibited content and meeting the procedural requirements. The court also considered the parties' conduct during the negotiation process to determine if the agreement was made in good faith. After thorough deliberation, the court found that the Enterprise Agreement complied with the necessary legal standards and was made in good faith. Consequently, the court approved the Oak Tasmania Enterprise Agreement 2016.

Oak Tasmania

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established