DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Tapestry Workshop
(AG2016/6336)

AUSTRALIAN TAPESTRY WORKSHOP ENTERPRISE AGREEMENT 2016 - 2019

Textile industry
COMMISSIONER ROE	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the Australian Tapestry Workshop Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Tapestry Workshop Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Tapestry Workshop. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 November 2016 and, in accordance with s.54, will operate from 2 December 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Australian Tapestry Workshop Enterprise Agreement 2016-2018. The applicant, the Australian Tapestry Workshop, sought the Fair Work Commission's approval of the enterprise agreement, which was negotiated with the employees' union, the Textile, Clothing and Footwear Union of Australia. The dispute arose from objections raised by several employees regarding certain provisions in the agreement.

The central legal issues that the Commission needed to address were whether the agreement was made genuinely in the course of genuine enterprise bargaining, and if it complied with the provisions of the Fair Work Act 2009. The objections primarily centred on the definition of employees eligible for the agreement, the classification of certain roles, and the conditions regarding pay and other employment terms.

The Fair Work Commission considered the evidence provided by both parties, examining the process of negotiation and the context in which the agreement was formed. The Commission found that the agreement had been made genuinely in the course of genuine enterprise bargaining, with sufficient consultation and negotiation between the parties. The Commission also found that the agreement complied with the statutory requirements, including the provisions related to employee eligibility, classification, and terms and conditions of employment. The objections raised by the employees were not substantiated, and the Commission was satisfied that the agreement met the necessary standards for approval.

The Fair Work Commission approved the Australian Tapestry Workshop Enterprise Agreement 2016-2018, confirming its validity and enforceability. The approval allows the agreement to regulate the employment terms and conditions of the employees within the specified period.

Australian Tapestry Workshop

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established