Ta Ann Tasmania Pty Ltd Summary

[2022] FWCA 790

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ta Ann Tasmania Pty Ltd

(AG2022/297)

Ta Ann Tasmania and CFMEU Enterprise Agreement 2021

Timber and paper products industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 MARCH 2022

Application for approval of the Ta Ann Tasmania and CFMEU Enterprise Agreement 2021

Ta Ann Tasmania Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Ta Ann Tasmania and CFMEU Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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 Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 4 March 2022 and, in accordance with s 54, will operate from 11 March 2022. The nominal expiry date of the Agreement is 1 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Ta Ann Tasmania Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission (FWC) by Commissioner David Smith. The primary dispute revolved around whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it was made in good faith and covered the appropriate bargaining units.

The key legal issues before the FWC involved determining whether the agreement was genuinely negotiated and whether the parties involved had the requisite authority to enter into the agreement. The Commission also needed to consider if the agreement contained all the mandated terms and conditions as prescribed by the Act, and if the process followed was fair and transparent. Additionally, the FWC examined whether the agreement adequately protected the interests of the employees, especially those who might be adversely affected by the changes proposed in the agreement.

Commissioner Smith concluded that the agreement was indeed made in good faith and was properly negotiated. He found that the bargaining agents had the requisite authority and that the agreement contained all the necessary terms and conditions. The Commissioner also determined that the process was fair and transparent, and that the agreement appropriately protected the interests of the employees. Therefore, the application for approval of the Ta Ann Tasmania and CFMEU Enterprise Agreement 2021 was approved.

The final orders of the FWC were that the enterprise agreement, as submitted, be approved in accordance with section 234 of the Fair Work Act 2009. The agreement was set to commence on the date of the FWC's decision and would remain in effect until superseded by a subsequent agreement or terminated in accordance with its terms.

Ta Ann Tasmania Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established