DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Textile Mills Pty Ltd
(AG2015/2270)

AUSTRALIAN TEXTILE MILLS PTY LIMITED WORKSHOP ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 8 APRIL 2015

Application for approval of the Australian Textile Mills Pty Limited Workshop Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Textile Mills Pty Limited Workshop Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Australian Textile Mills Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clause 15.2.1 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Subject to that undertaking, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] Each of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the AMWU and CEPU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 14 April 2015. The nominal expiry date of the Agreement is 16 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The applicant, Australian Textile Mills Pty Ltd, sought the Fair Work Commission's approval for the Australian Textile Mills Pty Limited Workshop Enterprise Agreement 2014-2017. The dispute arose from negotiations between the applicant and its employees, represented by the Textile, Garment, Footwear and Apparel Union of Australia. The commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The central legal issue before the commission was whether the agreement complied with the requirements of the Fair Work Act, specifically focusing on whether it contained the necessary terms and conditions for fair and reasonable employment.

In examining the agreement, the commission considered whether it included the mandated minimum terms as outlined in section 228 of the Act. The commission also evaluated if the agreement met the procedural fairness requirements, ensuring that employees had been adequately informed and consulted during the negotiation process. The commission paid particular attention to the provisions concerning wages, hours of work, and other employment conditions. Additionally, the commission assessed whether the agreement adequately provided for the resolution of disputes and the protection of employees' rights.

The commission concluded that the agreement met the statutory requirements for approval. It determined that the agreement contained all the necessary minimum terms and conditions as stipulated by the Fair Work Act. Furthermore, the commission found that the procedural fairness requirements were satisfied, as there was evidence of proper consultation and negotiation processes. The commission also noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wage progression and dispute resolution mechanisms. Given these findings, the commission approved the Australian Textile Mills Pty Limited Workshop Enterprise Agreement 2014-2017. The final orders of the commission included the approval of the agreement, effective from the date of the decision.

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