ABC Tissue Products Pty Ltd

[2014] FWCA 1265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ABC Tissue Products Pty Ltd
(AG2014/3605)

ABC TISSUE PRODUCTS PTY UNION COLLECTIVE AGREEMENT 2013

Clothing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 20 FEBRUARY 2014

Application for approval of the ABC Tissue Products Pty Union Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ABC Tissue Products Pty Union Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Textile, Clothing and Footwear 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 27 February 2014.The nominal expiry date of the Agreement is30 June 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ABC Tissue Products Pty Ltd is the applicant, seeking approval for the ABC Tissue Products Pty Union Collective Agreement 2013. The respondent is the Fair Work Commission, which is responsible for the approval process. The dispute revolves around the provisions of the Agreement, which aim to regulate employment terms and conditions within the company. The case was heard in the Fair Work Commission, which has jurisdiction over such matters.

The primary legal issue before the Commission was whether the Agreement met the requirements of the Fair Work Act 2009, particularly in relation to provisions concerning the terms of employment, including the classification of employees, wage rates, and conditions of work. The Commission needed to determine if the Agreement was genuinely a product of the bargaining process and if it complied with the relevant provisions of the Act.

The Commission found that the Agreement was indeed a product of genuine bargaining between the parties, as evidenced by the extensive negotiations and the inclusion of various provisions that reflect the interests of both the employer and the employees. The Commission also concluded that the Agreement complied with the Fair Work Act, as it contained all the mandated minimum terms and conditions, and did not include any prohibited content. The Commission approved the Agreement, finding that it met the necessary legal standards.

The Fair Work Commission approved the ABC Tissue Products Pty Union Collective Agreement 2013, finding it to be a genuine product of bargaining and compliant with the Fair Work Act. The Commission's decision brings certainty to the employment relationship between the parties and ensures that the employees are protected under the agreed-upon terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established