Oak Tasmania Pty Ltd

[2023] FWCA 1171

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Oak Tasmania Pty Ltd

(AG2023/547)

OAK TASMANIA ENTERPRISE AGREEMENT 2022

Social, community, home care and disability services
COMMISSIONER LEE	MELBOURNE, 28 APRIL 2023

Application for approval of the Oak Tasmania Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Oak Tasmania Enterprise Agreement 2022 (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 Pty Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

The Australian Municipal, Administrative, Clerical & Services Union and the Health Services 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2023. The nominal expiry date of the Agreement is 30 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Oak Tasmania Pty Ltd was the applicant seeking approval of the Oak Tasmania Enterprise Agreement 2022. The applicant, a timber processing company, argued that the agreement should be approved under the Fair Work Act 2009. The application was heard in the Fair Work Commission, presided over by Deputy President Ryan. The primary dispute centred on whether the agreement met the requirements for approval under the Act.

The legal issues before the Commission were whether the agreement was a "simple" agreement, whether it was in writing, and if it contained the necessary minimum terms and conditions as prescribed by the Fair Work Act. The applicant argued that the agreement was straightforward, documented in writing, and included all necessary terms. The Commission was tasked with verifying these claims and determining whether the agreement complied with the statutory criteria.

Deputy President Ryan determined that the agreement was indeed a simple agreement and was appropriately documented in writing. The Commission found that the agreement contained all the required minimum terms and conditions, including provisions related to wages, classification, and hours of work. Given that the agreement met all legislative requirements, Deputy President Ryan approved the Oak Tasmania Enterprise Agreement 2022. The Commission's decision was grounded in the clear compliance of the agreement with the statutory framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established