Australian Defence Apparel Pty Ltd T/A Australian Defence Apparel Pty Ltd

[2024] FWCA 2149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Defence Apparel Pty Ltd T/A Australian Defence Apparel Pty Ltd

(AG2024/1775)

AUSTRALIAN DEFENCE APPAREL PTY LTD ENTERPRISE AGREEMENT 2024

Clothing industry
COMMISSIONER YILMAZ	MELBOURNE, 11 JUNE 2024

Application for approval of the Australian Defence Apparel Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Australian Defence Apparel Pty Ltd Enterprise Agreement 2024 (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 T/A Australian Defence Apparel Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Construction, Forestry and Maritime Employees 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.

The Agreement is approved and in accordance with s.54, will operate from 19 June 2024. The nominal expiry date of the Agreement is 29 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Australian Defence Apparel Pty Ltd, trading as Australian Defence Apparel Pty Ltd, applied for the approval of the Enterprise Agreement 2024. The agreement was subject to the approval process under the Fair Work Act 2009. The primary dispute revolved around whether the proposed agreement complied with the relevant provisions of the Act and if it was made in good faith and without coercion.

The legal issues before the Commission involved assessing if the agreement met the criteria for approval as stipulated under section 232 of the Fair Work Act. The key considerations included whether the agreement provided for a direct or indirect dismissal or adverse action, and if it was procedurally fair. Additionally, the Commission needed to determine if the agreement was made in good faith and without coercion, as required by section 234 of the Act.

The Commission found that the Enterprise Agreement 2024 did not contain any provisions that would lead to a direct or indirect dismissal or adverse action against employees. It also concluded that the agreement was procedurally fair and was made in good faith without any evidence of coercion. The Commission took into account the process followed by the employer in negotiating the agreement, the consultation with employees, and the overall fairness of the terms proposed.

The Commission approved the Australian Defence Apparel Pty Ltd Enterprise Agreement 2024, determining that it met the necessary criteria for approval under the Fair Work Act. The agreement was to be registered and would apply to the employees of Australian Defence Apparel Pty Ltd from the effective date specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established