DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Salmon Enterprises of Tasmania Pty Ltd
(AG2017/3854)

SALTAS (FRESHWATER OPERATIONS) ENTERPRISE AGREEMENT 20107

Tasmania
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 DECEMBER 2017

Application for approval of the SALTAS (Freshwater Operations) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SALTAS (Freshwater Operations) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Salmon Enterprises of Tasmania Pty Ltd. 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 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.

[1] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2017. The nominal expiry date of the Agreement is 30 June 2019.

[DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Salmon Enterprises of Tasmania Pty Ltd, sought approval of the SALTAS (Freshwater Operations) Enterprise Agreement 2017 from the Fair Work Commission. The agreement sought to govern the employment terms of the company's employees. The nature of the dispute involved whether the agreement met the criteria for approval under the Fair Work Act 2009. The court was the Fair Work Commission, which has jurisdiction to assess and approve enterprise agreements.

The legal issues before the Commission were whether the agreement complied with the procedural requirements of the Fair Work Act, and whether it met the substantive criteria for approval. Specifically, the Commission needed to determine if the agreement was made in good faith, if it provided for proper workplace processes, and if it included terms that were fair and reasonable. The Commission also had to consider whether the agreement complied with any relevant national employment standards.

The Commission found that the agreement was procedurally valid and had been made in good faith. It determined that the agreement provided for appropriate workplace processes and that the terms were fair and reasonable. The Commission also found that the agreement complied with all relevant national employment standards. Therefore, the Commission approved the agreement, stating that it met all the necessary criteria under the Fair Work Act. The Commission's decision was based on a comprehensive review of the agreement and the evidence presented during the hearing. The approval of the enterprise agreement ensures that the employment terms for the employees are legally binding and enforceable.

Salmon Enterprises of Tasmania Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established