AUNDE Australia Pty Ltd

[2013] FWCA 699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AUNDE Australia Pty Ltd
(AG2012/14377)

AUNDE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2012

Clothing industry
COMMISSIONER LEE	MELBOURNE, 31 JANUARY 2013

Application for approval of the AUNDE Australia Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the AUNDE Australia Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made by AUNDE Australia Pty Ltd pursuant to section 185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 7 February 2013. The nominal expiry date of the Agreement is 27 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AUNDE Australia Pty Ltd was the subject of an application before the Fair Work Commission, which was required to approve an enterprise agreement. The dispute centred on the agreement's provisions regarding the classification and remuneration of employees. The nature of the dispute was about whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues the Fair Work Commission had to address were whether the proposed agreement was procedurally sound, whether it complied with the Fair Work Act, and if it provided fair and reasonable terms and conditions for the employees. The Commission had to consider the procedural fairness of how the agreement was made, its compliance with the "better off overall test" which ensures employees are not worse off financially, and whether it contained appropriate provisions for the classification and remuneration of employees.

In delivering its decision, the Fair Work Commission examined the evidence presented by both parties and considered the specific provisions of the Fair Work Act. The Commission concluded that the agreement was procedurally sound as it was made following the necessary steps and included sufficient employee participation. It found that the agreement met the "better off overall test" and provided fair and reasonable terms and conditions for the employees. The Commission approved the application for the agreement on the basis that it complied with the relevant statutory requirements.

The Fair Work Commission's final orders were that the AUNDE Australia Pty Ltd Enterprise Agreement 2012 be approved as a registered agreement under the Fair Work Act 2009. This approval meant that the terms and conditions outlined in the agreement would be legally binding for the employees and the employer, effective from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established