DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bata Shoe Company of Australia Pty Ltd
(AG2018/4913)

BATA SHOE COMPANY OF AUSTRALIA - CFMMEU MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2018

Clothing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 DECEMBER 2018

Application for approval of the Bata Shoe Company of Australia - CFMMEU Manufacturing Division Enterprise Agreement 2018.

[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 2018 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The Agreement was approved on 6 December 2018 and, in accordance with s.54, will operate from 13 December 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of Bata Shoe Company of Australia Pty Ltd involved the company and the Construction, Forestry, Maritime, Mining and Energy Union Manufacturing Division. The dispute centred on the application for approval of the Bata Shoe Company of Australia - CFMMEU Manufacturing Division Enterprise Agreement 2018. The application was brought under the Fair Work Act 2009, which requires the approval of such agreements to ensure they meet certain standards and do not adversely affect the safety and health of employees.

The central legal issues the Commission had to address were whether the agreement complied with the requirements of the Fair Work Act and whether it met the "better off overall test" (BOOT). This test ensures that employees are not worse off under the new agreement compared to their previous conditions. The Commission also had to consider whether the agreement provided for appropriate mechanisms for dispute resolution and if it adequately protected the rights of employees, including those with disabilities.

The Commission carefully examined the terms of the agreement and the submissions from both parties. It considered the evidence regarding the financial viability of the company, the bargaining positions of the parties, and the overall impact of the agreement on the employees. After thorough deliberation, the Commission found that the agreement was in compliance with the statutory requirements and passed the better off overall test. The Commission also noted that the agreement included appropriate provisions for dispute resolution and adequate protections for employees, including those with disabilities. Consequently, the Commission approved the agreement, finding it to be fair and balanced.

As a result of the Commission's decision, the Bata Shoe Company of Australia - CFMMEU Manufacturing Division Enterprise Agreement 2018 was approved and registered under the Fair Work Act. This outcome provided certainty for both the company and its employees, ensuring that the agreement would govern their industrial relations for the specified period.

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