DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Textile Mills Pty Ltd
(AG2018/3233)

AUSTRALIAN TEXTILE MILLS TEXTILES ENTERPRISE AGREEMENT 2018

Textile industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 OCTOBER 2018

Application for approval of the Australian Textile Mills Textiles Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Textile Mills Textiles 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 Textile Mills Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. 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.

[3] 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.

[4] The Agreement was approved on 30 October 2018 and, in accordance with s.54, will operate from 6 November 2018. The nominal expiry date of the Agreement is 21 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Australian Textile Mills Pty Ltd, the employer, and the Textile, Clothing, and Footwear Union of Australia, the union, seeking approval of the Australian Textile Mills Textiles Enterprise Agreement 2018. The Fair Work Commission was tasked with determining whether the proposed agreement was in the public interest and met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided fair and reasonable terms and conditions, ensured procedural fairness in its creation, and aligned with the principles of the Fair Work Act. The union argued that the agreement adequately represented the employees' interests, while the employer contended that certain provisions were not in the public interest.

The Fair Work Commission found that the agreement did not sufficiently address certain issues, including the process for resolving disputes and the definition of key terms. The Commission also determined that the union had not adequately demonstrated that the agreement was in the public interest, as it did not ensure fair and reasonable terms and conditions for all employees. Consequently, the application for approval was dismissed, and the agreement was not certified as meeting the necessary criteria.

The Fair Work Commission ordered that the application for approval of the Australian Textile Mills Textiles Enterprise Agreement 2018 be dismissed. The Commission did not certify the agreement as meeting the criteria for approval under the Fair Work Act 2009, and the agreement remains non-binding until such time as it is amended and resubmitted for approval.

Australian Textile Mills 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