DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bata Shoe Company of Australia Pty Ltd
(AG2021/5893)

BATA SHOE COMPANY OF AUSTRALIA - CFMMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 19 JULY 2021

Application for approval of the Bata Shoe Company of Australia - CFMMEU - Manufacturing Division Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Bata Shoe Company of Australia - CFMMEU - Manufacturing Division Enterprise Agreement 2021 (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.

[2] The Employer 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 26 July 2021. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Bata Shoe Company of Australia, sought approval for an enterprise agreement from the Fair Work Commission. The agreement, titled the Bata Shoe Company of Australia - CFMMEU - Manufacturing Division Enterprise Agreement 2021, was challenged by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The dispute centred on the provisions within the agreement that the CFMMEU argued did not meet the statutory requirements under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, and whether the agreement was made in good faith and without coercion. The CFMMEU argued that certain terms in the agreement were not adequately covered and that the agreement did not comply with the statutory requirement of being made in good faith. The applicant, on the other hand, contended that the agreement was comprehensive and had been negotiated in good faith without any coercion.

The Fair Work Commission found that the agreement contained all the mandatory terms required by the Fair Work Act and was made in good faith. The Commission noted that while there were some minor discrepancies, these did not undermine the overall fairness and integrity of the agreement. The Commission concluded that the agreement was appropriately negotiated and reflected the intentions of both parties. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the statutory requirements.

In approving the agreement, the Fair Work Commission issued orders that the Bata Shoe Company of Australia - CFMMEU - Manufacturing Division Enterprise Agreement 2021 be approved and registered as a certified agreement under the Fair Work Act. This decision allowed the agreement to take effect and govern the employment conditions of the employees covered by the agreement.

Bata Shoe Company of Australia 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