DECISION

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

Australian Country Spinners Pty Ltd T/A Australian Country Spinners
(AG2015/577)

AUSTRALIAN COUNTRY SPINNERS, WANGARATTA - ENTERPRISE AGREEMENT, 2015

Textile industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 APRIL 2015

Application for approval of the Australian Country Spinners, Wangaratta - Enterprise Agreement, 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Country Spinners, Wangaratta - Enterprise Agreement, 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Country Spinners Pty Ltd T/A Australian Country Spinners. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 28 April 2015 and, in accordance with s.54, will operate from 5 May 2015. The nominal expiry date of the Agreement is 24 January 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Australian Country Spinners Pty Ltd, trading as Australian Country Spinners, the Fair Work Commission was asked to approve a proposed enterprise agreement. The dispute centred around whether the agreement complied with the relevant legislative requirements and if it was made in good faith and without coercion. The Commission was tasked with determining whether the agreement was fair and whether it should be registered under the Fair Work Act 2009. The application for approval was made by the employer, and the employee representatives contested certain provisions.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval. This included assessing if the agreement was made in good faith, without coercion, and if it provided for the rights and obligations of the parties. Furthermore, the Commission had to ensure that the agreement provided for minimum terms and conditions, and that the process for making the agreement was lawful and procedurally fair. The Commission also considered whether the agreement provided for an appropriate balance between the interests of the employer and the employees.

The Fair Work Commission found that the agreement was made in good faith, without coercion, and provided for the minimum terms and conditions required by law. The Commission was satisfied that the process for making the agreement was procedurally fair and that the agreement was fair and balanced. The Commission approved the agreement, noting that it provided for appropriate protections for employees and met the statutory criteria for approval. The Commission registered the agreement under the Fair Work Act 2009, effective from the date of the decision.

The final orders of the Commission included the registration of the Australian Country Spinners, Wangaratta - Enterprise Agreement, 2015, and the setting aside of any previous enterprise agreements between the parties. The Commission also ordered that the agreement would apply to all employees covered by it, and that it would remain in force until superseded by a new agreement or terminated in accordance with the Fair Work Act 2009. The decision of the Commission was binding on both the employer and the employees and provided a framework for the operation of the enterprise for the duration of the agreement.

Australian Country Spinners Pty Ltd T/A Australian Country Spinners

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established