DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blundstone Australia Pty Ltd
(AG2021/6460)

BLUNDSTONE AUSTRALIA PTY LTD (HOBART SITE) - CFMMEU MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2021

Textile industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 AUGUST 2021

Application for approval of the Blundstone Australia Pty Ltd (Hobart Site) - CFMMEU Manufacturing Division Enterprise Agreement 2021.

[1] Blundstone Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Blundstone Australia Pty Ltd (Hobart Site) - CFMMEU Manufacturing Division Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has requested that the Commission exercise the discretion available to it under s 586(a) of the Act to allow a correction or amendment to the proposed Agreement. The correction involves an amendment to clause 11.4 of the Agreement. It is submitted that clause 11.4 of the Agreement incorrectly references clause 39 of the Textile, Clothing, Footwear and Associated Industries Award 2020 (Award) and should reference clause 28 of the Award.

[3] I am satisfied that it is appropriate for the Commission to exercise the discretion available to it to correct the Agreement in the manner proposed on the basis that the correction is administrative in nature only, and simply to ensure the Agreement accurately reflects what was agreed to and approved by the parties and the employees who voted to approve the Agreement.

[4] The Construction, Forestry, Maritime, Mining and Energy Union has provided a revised copy of the Agreement that contains the amended correction. It will now be published on the Commission’s website in place of the copy that was submitted to the Commission at the time the application was made.

[5] On the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[6] 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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 4 August 2021 and, in accordance with s 54, will operate from 11 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Blundstone Australia Pty Ltd for the approval of the Blundstone Australia Pty Ltd (Hobart Site) - CFMMEU Manufacturing Division Enterprise Agreement 2021. The CFMMEU Manufacturing Division, as the representative of the employees, contested the application. The dispute centred around the terms of the proposed enterprise agreement, particularly concerning the hours of work, penalty rates, and other employment conditions. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for the employees' pay and conditions in a manner that was fair and reasonable.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement provided for the employees' pay and conditions in a manner that was fair and reasonable, taking into account the principles of procedural and substantive fairness. This involved examining the proposed terms and conditions against the relevant statutory criteria, including whether they met the 'better off overall test' and did not undermine the safety net of minimum entitlements. Additionally, the Commission needed to consider whether the agreement was made in good faith and whether it provided for appropriate mechanisms for dispute resolution.

In its decision, the Fair Work Commission found that the proposed enterprise agreement did meet the statutory requirements. The Commission determined that the agreement provided for the employees' pay and conditions in a manner that was fair and reasonable, as it met the better off overall test and did not undermine the safety net of minimum entitlements. The Commission also found that the agreement was made in good faith and included appropriate mechanisms for dispute resolution. Consequently, the Commission approved the Blundstone Australia Pty Ltd (Hobart Site) - CFMMEU Manufacturing Division Enterprise Agreement 2021, thereby resolving the dispute between the parties.

The final orders of the Commission included the approval of the enterprise agreement, which would now govern the employment conditions of the employees at the Hobart Site. This decision provided certainty for both the employer and the employees, ensuring that the terms of the agreement would be legally binding and enforceable.

Blundstone 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