DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Defence Apparel Pty Ltd
(AG2018/2689)

AUSTRALIAN DEFENCE APPAREL PTY LTD ENTERPRISE AGREEMENT 2018

Clothing industry
COMMISSIONER WILSON	MELBOURNE, 25 OCTOBER 2018

Application for approval of the Australian Defence Apparel Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Defence Apparel Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Defence Apparel Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Maritime, Mining and Energy 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2018. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Australian Defence Apparel Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Australian Defence Apparel Pty Ltd Enterprise Agreement 2018. The dispute arose between the company and its employees, represented by the Australian Manufacturing Workers' Union. The agreement sought to regulate various employment terms and conditions, including pay rates, hours of work, leave provisions, and dispute resolution mechanisms.

The central legal issues that the Commission had to address involved whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was made in good faith and without coercion. The company argued that the agreement fairly represented the needs of the business and its employees, while the union contended that certain terms were not adequately protected or were overly restrictive.

The Commission examined the evidence presented by both parties and considered the statutory criteria for approving an enterprise agreement. It assessed whether the agreement provided for the proper operation of businesses, avoided unnecessary complexity, and did not unfairly disadvantage any party. The Commission concluded that, while some terms required minor adjustments to ensure fairness, the overall agreement met the legislative requirements. Consequently, the application was approved with modifications.

The final orders included the approval of the agreement with certain amendments to specific clauses to address the union's concerns. These changes were aimed at ensuring that the agreement provided for fair and reasonable terms and conditions of employment while also accommodating the legitimate interests of both the employer and the employees.

Australian Defence Apparel 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