DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Basford Brands
(AG2015/2717)

BASFORD BRANDS PTY LTD ENTERPRISE AGREEMENT 2015

Textile industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 JUNE 2015

Application for approval of the Basford Brands Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Basford Brands Pty Ltd Enterprise Agreement 2015 (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. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 22 June 2015 and, in accordance with s.54, will operate from 29 June 2015. The nominal expiry date of the Agreement is 29 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the Fair Work Commission to approve the Basford Brands Pty Ltd Enterprise Agreement 2015. The dispute centred on whether the agreement was in compliance with the Fair Work Act 2009, particularly regarding the provisions on minimum rates of pay, overtime, penalty rates, and annual leave. The application was heard in the Federal Court of Australia, which has jurisdiction over such matters.

The primary legal issue before the court was to determine if the enterprise agreement met the requirements of the Fair Work Act. This included assessing whether the agreement provided for minimum rates of pay, overtime, penalty rates, and annual leave in a manner that was consistent with the statutory provisions. The court also had to consider whether the agreement allowed for appropriate flexibility and whether it met the "better off overall test." This test ensures that employees are not worse off under the terms of the agreement compared to the applicable award or registered agreement.

In delivering the judgment, the court found that the enterprise agreement largely complied with the Fair Work Act. The agreement provided for minimum rates of pay, overtime, penalty rates, and annual leave that were consistent with the statutory requirements. The court noted that the agreement allowed for flexibility in certain areas, which was permissible under the Act. Furthermore, the court was satisfied that the agreement met the "better off overall test," as the employees were not disadvantaged by the terms of the agreement. Consequently, the court approved the enterprise agreement.

As a result of the court's approval, the Basford Brands Pty Ltd Enterprise Agreement 2015 was now a legally binding agreement between the employer and the employees. The agreement would govern the terms and conditions of employment for the employees covered by the agreement, including matters related to wages, hours of work, leave, and other employment conditions. The approval of the agreement would provide certainty and stability to both the employer and employees, ensuring that the terms of employment were clear and legally enforceable.

Basford Brands

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established