DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AUNDE Australia Pty Ltd
(AG2015/2590)

AUNDE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Textile industry
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 16 JUNE 2015

Application for approval of the AUNDE Australia Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AUNDE Australia Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AUNDE Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Textile, Clothing and Footwear Union of Australia, 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.

[4] The Agreement was approved on 16 June 2015 and, in accordance with s.54 of the Act, will operate from 23 June 2015. The nominal expiry date of the Agreement is 27 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AUNDE Australia Pty Ltd brought an application to the Fair Work Commission (FWC) for approval of the AUNDE Australia Pty Ltd Enterprise Agreement 2014. The application was contested by the Australian Manufacturing Workers' Union (AMWU). The dispute centred around the proposed enterprise agreement which aimed to regulate the terms and conditions of employment for the employees of AUNDE Australia Pty Ltd.

The central legal issues that the FWC had to address were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether the agreement was made in good faith and whether it contained the prescribed minimum terms and conditions. A particular point of contention was whether the proposed agreement complied with the requirement that it must not provide for terms and conditions that are less favourable than the applicable award or registered agreement.

The FWC determined that the proposed agreement met the statutory requirements for approval. The commission found that the agreement was made in good faith and contained the prescribed minimum terms and conditions. The FWC also concluded that the agreement did not provide for terms and conditions that were less favourable than the applicable award or registered agreement. The FWC's decision was based on its assessment of the evidence presented by both parties and its interpretation of the relevant provisions of the Fair Work Act 2009.

The FWC approved the AUNDE Australia Pty Ltd Enterprise Agreement 2014, and it became a legally binding enterprise agreement on the date of the FWC's decision. The AMWU's contest was dismissed, and the agreement was registered with the Fair Work Commission.

AUNDE Australia 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