DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Textile Mills Pty Ltd T/A Australian Textile Mills
(AG2018/5811)

AUSTRALIAN TEXTILE MILLS PTY LIMITED WORKSHOP ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 28 MARCH 2019

Application for approval of the Australian Textile Mills Pty Limited Workshop Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Textile Mills Pty Limited Workshop 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 T/A Australian Textile Mills. 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.

[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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2019. The nominal expiry date of the Agreement is 14 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Australian Textile Mills Pty Ltd, trading as Australian Textile Mills, the Fair Work Commission was tasked with determining the approval of the Australian Textile Mills Pty Limited Workshop Enterprise Agreement 2018. The application for approval was made by the employer, Australian Textile Mills, following negotiations with the relevant unions. The dispute centred on whether the terms and conditions outlined in the proposed agreement were fair and reasonable, meeting the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, whether it was made in good faith, and whether it complied with the procedural requirements for enterprise agreements. Additionally, the Commission had to consider the implications of the agreement on the employees' rights, including their pay and conditions, and assess if the agreement was likely to promote higher productivity and economic efficiency.

The Commission examined the evidence and submissions from both parties, focusing on the negotiation process, the content of the agreement, and the impact on employees. It determined that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. The Commission found that the agreement complied with the procedural requirements and did not disadvantage employees in terms of their pay and conditions. Furthermore, the Commission was satisfied that the agreement would likely promote higher productivity and economic efficiency. Consequently, the Fair Work Commission approved the Australian Textile Mills Pty Limited Workshop Enterprise Agreement 2018.

As a result of the Commission's decision, the Australian Textile Mills Pty Limited Workshop Enterprise Agreement 2018 was approved and is now legally binding on the parties involved. The agreement will govern the terms and conditions of employment for the employees covered by the agreement, effective from the date of approval.

Australian Textile Mills Pty Ltd T/A Australian Textile Mills

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established