[2015] FWCA 3273

The attached document replaces the document previously issued with the above code on 15 May 2015

Paragraph numbering amended

Associate to Deputy President Gostencnik

Dated 15 May 2015

[2015] FWCA 3273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Weaving Pty Ltd T/A Australian Weaving Pty Ltd
(AG2015/2390)

AUSTRALIAN WEAVING PTY LTD (HEMMING) SINGLE ENTERPRISE AGREEMENT 2014

Textile industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 MAY 2015

Application for approval of the Australian Weaving Pty Ltd (Hemming) Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Weaving Pty Ltd (Hemming) Single Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Weaving Pty Ltd T/A Australian Weaving Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 May 2015 and, in accordance with s.54, will operate from 22 May 2015. The nominal expiry date of the Agreement is 30 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to the case were Australian Weaving Pty Ltd and the Union of Shop, Distributive and Allied Employees. The dispute was about the approval of the Australian Weaving Pty Ltd (Hemming) Single Enterprise Agreement 2014. The Fair Work Commission was the court that presided over the matter.

The primary legal issue was whether the agreement met the requirements of section 230 of the Fair Work Act 2009, which requires a single enterprise agreement to provide for the terms and conditions of employment of the employees covered by the agreement. The court was required to determine whether the agreement was sufficiently detailed, clear, and comprehensive to meet these requirements. Another issue was whether the agreement was negotiated in good faith, as required by section 228 of the Act.

The Fair Work Commission found that the agreement met the requirements of section 230 of the Act, and was sufficiently detailed, clear, and comprehensive. The agreement provided for the terms and conditions of employment of the employees covered by the agreement, including minimum rates of pay, penalty rates, maximum weekly hours of work, leave entitlements, and other relevant matters. The Commission also found that the agreement was negotiated in good faith, as required by section 228 of the Act.

The Fair Work Commission approved the Australian Weaving Pty Ltd (Hemming) Single Enterprise Agreement 2014, subject to certain modifications. The modifications related to the calculation of penalty rates and the provision of shift allowances. The Commission considered that these modifications were necessary to ensure that the agreement met the requirements of the Act.

Australian Weaving Pty Ltd T/A Australian Weaving 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