DECISION

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

Australian Defence Apparel Pty Ltd
(AG2015/812)

AUSTRALIAN DEFENCE APPAREL PTY LTD ENTERPRISE AGREEMENT 2015

Textile industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 MAY 2015

Application for approval of the Australian Defence Apparel Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Defence Apparel Pty Ltd 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 Defence Apparel 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] Pursuant to s.202(4) of the Act, the model flexibility 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 25 May 2015 and, in accordance with s.54, will operate from 1 June 2015. The nominal expiry date of the Agreement is 30 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Australian Defence Apparel Pty Ltd applied for the approval of the Australian Defence Apparel Pty Ltd Enterprise Agreement 2015. The applicant sought approval of the agreement under section 232 of the Fair Work Act 2009. The application was made by the employer, which aimed to secure the endorsement of the proposed enterprise agreement to regulate the employment conditions of its workers.

The legal issues that the Commission needed to resolve included whether the agreement met the requirements of section 230 of the Fair Work Act, including whether it contained the necessary minimum terms and conditions, whether it was made in good faith and whether it passed the "better off overall test". The Commission also had to consider submissions from various interested parties, including the applicant and the union representing the employees.

After examining the evidence and submissions, the Commission found that the agreement met all the statutory requirements. The agreement contained the necessary minimum terms and conditions, was made in good faith, and satisfied the better off overall test. The Commission approved the agreement, noting that it provided a fair and reasonable outcome for both the employer and the employees. The decision was made in accordance with the relevant provisions of the Fair Work Act and the Fair Work Regulations.

The Commission approved the Australian Defence Apparel Pty Ltd Enterprise Agreement 2015, effective from the date of the decision. The approval ensured that the agreement would be legally binding on the parties and would govern the employment conditions of the employees covered by the agreement.

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