DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Tapestry Workshop
(AG2020/1505)

AUSTRALIAN TAPESTRY WORKSHOP ENTERPRISE AGREEMENT 2020 - 2022

Textile industry
COMMISSIONER YILMAZ	MELBOURNE, 19 JUNE 2020

Application for approval of the Australian Tapestry Workshop Enterprise Agreement 2020 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Australian Tapestry Workshop Enterprise Agreement 2020 - 2022 (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 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. The undertakings are taken to be a term of 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 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.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and in accordance with s.54, will operate from 26 June 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian Tapestry Workshop, sought approval for a proposed enterprise agreement from 2020 to 2022. The respondent, the Textile, Clothing and Footwear Union of Australia, contested the application. The matter was heard by the Fair Work Commission, Australia's independent national workplace relations tribunal. The central issue was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it was a simple, fair, and modern agreement that did not unfairly discriminate against employees or the union.

The Commission considered whether the agreement provided for appropriate minimum terms and conditions, including fair pay and conditions, and whether it was consistent with the principles of the Fair Work Act. The Commission also examined whether the agreement included provisions for dispute resolution and whether it was a genuine agreement reached through proper bargaining processes. The applicant argued that the agreement was simple, fair, and modern, and that it provided for fair pay and conditions. The union argued that the agreement unfairly discriminated against employees and did not provide for adequate dispute resolution mechanisms.

The Fair Work Commission approved the proposed enterprise agreement. The Commission found that the agreement provided for fair pay and conditions and was consistent with the principles of the Fair Work Act. The Commission also found that the agreement included appropriate dispute resolution mechanisms and that it was a genuine agreement reached through proper bargaining processes. The Commission concluded that the agreement was a simple, fair, and modern agreement that did not unfairly discriminate against employees or the union. The Fair Work Commission approved the Australian Tapestry Workshop Enterprise Agreement 2020-2022.

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