DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bata Shoe Company of Australia Pty/Ltd T/A Bata Shoe Company of Australia
(AG2018/1191)

BATA & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017-2020

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DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JUNE 2018

Application for approval of the Bata & National Union of Workers Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Bata & National Union of Workers Enterprise Agreement 2017-2020 (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 T/A Bata Shoe Company of Australia. 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, 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 National Union of Workers 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 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 30 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Bata Shoe Company of Australia Pty Ltd, trading as Bata Shoe Company of Australia, applied for the approval of the Bata & National Union of Workers Enterprise Agreement 2017-2020. The application was made pursuant to section 230 of the Fair Work Act 2009, seeking the Commission's approval of the agreement as a registered low paid enterprise agreement. The National Union of Workers represented the employees in this matter.

The central legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was fairly negotiated, contained necessary terms and conditions, and did not have any unfair content that would render it unacceptable under the law. The Commission also needed to consider whether the agreement met the threshold criteria for a low paid enterprise agreement, including whether it provided for a minimum rate of pay above the national minimum wage.

The Commission thoroughly examined the agreement and the process by which it was negotiated. It found that the agreement was fairly negotiated and that all necessary terms and conditions were included. The Commission also determined that the agreement did not contain any unfair content and met the threshold criteria for a low paid enterprise agreement. The Commission concluded that the agreement provided for a minimum rate of pay above the national minimum wage and therefore approved the agreement as a registered low paid enterprise agreement. The Commission made an order approving the agreement as a registered low paid enterprise agreement, effective from the date of the decision.

Bata Shoe Company of Australia Pty/Ltd T/A Bata Shoe Company of Australia

DECISION

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Background to the litigation

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Legal Principle Established