Basford Brands Pty Ltd

[2018] FWCA 2987

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Basford Brands Pty Ltd

(AG2017/6448)

Basford Brands Pty Ltd Enterprise Agreement 2017 - 2021

Textile industry
Commissioner Harper-Greenwell	MELBOURNE, 25 MAY 2018

Application for approval of the Basford Brands Pty Ltd Enterprise Agreement 2017 - 2021.

An application has been made for approval of an enterprise agreement known as the Basford Brands Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Basford Brands Pty Ltd. The Agreement is a single enterprise agreement.

The Applicant 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.

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. 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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Agreement was approved on 25 May 2018 and, in accordance with s.54, will operate from 1 June 2018. The nominal expiry date of the Agreement is 25 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Basford Brands Pty Ltd applied for approval of the Basford Brands Pty Ltd Enterprise Agreement 2017 - 2021. The applicant, an employer, sought to have the agreement approved as a registered, single-enterprise agreement under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union, a registered organisation representing employees of the company.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether the agreement was negotiated in good faith, covered a single enterprise, and provided for a fair and reasonable workplace. The Commission also had to consider whether the agreement complied with the relevant minimum standards, such as those concerning wages and other employment terms.

After reviewing the evidence presented by both parties, the Commission found that the agreement was negotiated in good faith and met the requirements of the Fair Work Act. The Commission determined that the agreement covered a single enterprise and provided for fair and reasonable workplace terms and conditions. Additionally, the Commission found that the agreement complied with the relevant minimum standards, including those concerning wages and other employment terms. Therefore, the Commission approved the agreement as a registered, single-enterprise agreement.

In summary, the Commission approved the Basford Brands Pty Ltd Enterprise Agreement 2017 - 2021 as a registered, single-enterprise agreement under the Fair Work Act. The Commission found that the agreement met the necessary requirements, including being negotiated in good faith, covering a single enterprise, and providing for fair and reasonable workplace terms and conditions. The Commission also found that the agreement complied with the relevant minimum standards, including those concerning wages and other employment terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established