Bata Shoe Company Of Australia Pty Ltd

[2025] FWCA 3252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bata Shoe Company Of Australia Pty Ltd

(AG2025/3024)

BATA SHOE COMPANY OF AUSTRALIA - CFMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2025-2028

Textile industry
COMMISSIONER YILMAZ	MELBOURNE, 25 SEPTEMBER 2025

Application for approval of the Bata Shoe Company of Australia – CFMEU – Manufacturing Division Enterprise Agreement 2025 – 2028

An application has been made for approval of an enterprise agreement known as the Bata Show Company of Australia – CFMEU – Manufacturing Division Enterprise Agreement 2025 – 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bata Shoe Company Of Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Construction, Forestry and Maritime Employees Union (CFMEU) 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.

The Agreement is approved and in accordance with s.54, will operate from 2 October 2025. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Bata Shoe Company of Australia, which sought approval of a proposed enterprise agreement with the CFMEU – Manufacturing Division. The agreement aimed to regulate employment conditions for the period 2025 to 2028. The matter was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary legal issue before the Commission was whether the proposed agreement complied with the procedural and substantive requirements outlined in the Act. Specifically, the Commission had to assess if the agreement was made in good faith, whether it was fairly negotiated, and if it adhered to the provisions concerning employee protections and entitlements.

The Commission examined the evidence presented by both parties and considered the terms of the agreement. It assessed the negotiation process, the extent of employee participation, and the fairness of the proposed conditions. The Commission also evaluated whether the agreement provided adequate protections for employees, including minimum wage rates, leave entitlements, and dispute resolution mechanisms. The Commission concluded that the agreement was made in good faith and fairly negotiated, and it met the substantive requirements of the Act. The terms of the agreement were deemed to provide adequate protections for employees and did not undermine the minimum standards set by the Act.

In light of the findings, the Commission approved the Bata Shoe Company of Australia – CFMEU – Manufacturing Division Enterprise Agreement 2025 – 2028. The agreement was registered, and the new terms came into effect as per the specified period. This decision provided certainty for both the company and the union regarding the employment conditions for the next three years, ensuring compliance with the regulatory framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established