Bata Shoe Company of Australia Pty Ltd Summary

[2024] FWCA 3851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bata Shoe Company of Australia Pty Ltd

(AG2024/3681)

BATA SHOE COMPANY OF AUSTRALIA – CFMEU –MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2024

Textile industry
COMMISSIONER YILMAZ	MELBOURNE, 4 NOVEMBER 2024

Application for approval of the Bata Shoe Company of Australia – CFMEU - Manufacturing Division Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Bata Shoe Company of Australia – CFMEU - Manufacturing Division Enterprise Agreement 2024 (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, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Construction, Forestry and Maritime Employees Union (CFMEU) – Manufacturing Division 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 11 November 2024. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

< AE526642 PR780910>

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between the Bata Shoe Company of Australia and the CFMEU Manufacturing Division. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009. The central issue before the Commission was whether the agreement contained all the mandatory terms specified in section 231 of the Act and whether it was made in accordance with the procedural requirements outlined in sections 225 to 228 of the Act.

The Commission first assessed the agreement to ensure it included the minimum terms set out in section 231 of the Act, such as provisions regarding minimum wages, penalty rates, maximum weekly hours, and leave entitlements. It also examined whether the agreement contained any permissible terms that did not undermine the minimum standards. Additionally, the Commission considered the process through which the agreement was made, ensuring that the requirements for good faith bargaining and the provision of relevant information to the parties were satisfied. The Commission also took into account the views of employees and any other relevant factors that might affect the fairness and appropriateness of the agreement.

Upon reviewing the agreement, the Commission found that it contained all the mandatory terms and was made in accordance with the procedural requirements of the Act. The agreement was deemed to be fair and appropriate, taking into account the views of the employees and the nature of the bargaining process. The Commission approved the agreement, ensuring that it would provide a balanced and reasonable framework for the employment relationship between the parties.

The Fair Work Commission approved the Bata Shoe Company of Australia – CFMEU Manufacturing Division Enterprise Agreement 2024, confirming that it met all the statutory requirements and was made in good faith. The Commission's decision provides certainty and stability for the parties involved and sets a precedent for future agreements in the sector.

Bata Shoe Company of Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established