Ta Ann Tasmania Pty Ltd

[2017] FWCA 5897

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Ta Ann Tasmania Pty Ltd

(AG2017/3033)

Ta Ann Tasmania and CFMEU Enterprise Agreement 2017

Tasmania
Deputy President Gostencnik	MELBOURNE, 9 NOVEMBER 2017

Application for approval of the Ta Ann Tasmania and CFMEU Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Ta Ann Tasmania and CFMEU 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 Ta Ann Tasmania Pty Ltd. The agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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, Mining and Energy 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 9 November 2017 and, in accordance with s.54, will operate from 16 November 2017. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Ta Ann Tasmania and CFMEU Enterprise Agreement 2017. The applicants, Ta Ann Tasmania Pty Ltd, sought approval from the Fair Work Commission under section 232 of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment. The nature of the dispute was centred on the provisions within the agreement that the applicants sought to have approved.

The legal issues before the court revolved around the interpretation and application of the relevant statutory provisions, particularly section 232 of the Fair Work Act 2009. The court needed to consider whether the agreement satisfied the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment. This involved examining the specific provisions of the agreement, including those relating to wages, hours of work, and other employment conditions. The court also had to consider whether the agreement was consistent with the overarching principles of the Fair Work Act 2009.

The court found that the agreement met the criteria for approval under section 232 of the Fair Work Act 2009. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment. In reaching this conclusion, the court considered the specific provisions of the agreement and their alignment with the broader objectives of the Fair Work Act 2009. The court found that the agreement was consistent with the principles of the Act and did not contain any provisions that would render it unfair or unreasonable. Consequently, the Commission approved the Ta Ann Tasmania and CFMEU Enterprise Agreement 2017.

The final orders of the court included the approval of the Ta Ann Tasmania and CFMEU Enterprise Agreement 2007. The court issued a certificate of registration for the agreement, confirming its approval under section 234 of the Fair Work Act 2009. This meant that the agreement would be binding on the parties and enforceable under the Act. The court also ordered that the agreement be published on the Fair Work Commission's website, ensuring transparency and accessibility for all stakeholders. The decision provided clarity on the approval process for enterprise agreements and reinforced the importance of fair and reasonable employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established