Australian Country Spinners Pty Ltd

[2013] FWCA 6233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Country Spinners Pty Ltd
(AG2013/2098)

AUSTRALIAN COUNTRY SPINNERS, WANGARATTA - ENTERPRISE AGREEMENT, 2013

Clothing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 AUGUST 2013

Application for approval of the Australian Country Spinners, Wangaratta - Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Country Spinners, Wangaratta - Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian Country Spinners Pty Ltd. The Agreement is a single-enterprise agreement.

[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 this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2013. The nominal expiry date of the Agreement is 24 January 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Country Spinners Pty Ltd sought approval of their 2013 enterprise agreement under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, the body established to oversee the implementation of the Fair Work Act. The company, an employer, and the Australian Manufacturing Workers' Union, representing the employees, had entered into an enterprise agreement which they believed met the criteria for approval under the Act. The union argued that the agreement provided fair and reasonable terms for the employees, while the company asserted that it facilitated improved productivity and competitiveness.

The central legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement contained the necessary minimum terms and conditions, and if it was made in good faith. The Commission also had to consider whether the agreement was free from any illegality or if it was contrary to public policy. Additionally, the Commission needed to ensure that the agreement was made without any coercion, undue influence, or any other unfair practices.

After thorough examination of the agreement, the Fair Work Commission found that the Australian Country Spinners, Wangaratta - Enterprise Agreement 2013 met all the statutory requirements. The Commission concluded that the agreement provided fair and reasonable terms for the employees and did not contravene any provisions of the Fair Work Act. The Commission was satisfied that the agreement had been made in good faith and without any unfair practices. The Commission also found that the agreement did not contain any illegality or contravene any public policy. Accordingly, the Commission approved the enterprise agreement.

The final orders of the Fair Work Commission were that the Australian Country Spinners, Wangaratta - Enterprise Agreement 2013 be approved and registered under the Fair Work Act 2009. This decision ensures that the agreement will be legally binding on the parties and will govern the employment terms and conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established