DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blundstone Australia Pty Ltd
(AG2021/6432)

BLUNDSTONE AUSTRALIA PTY LTD (MELBOURNE SITE) - CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2021

Textile industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 AUGUST 2021

Application for approval of the Blundstone Australia Pty Ltd (Melbourne Site) - Construction, Forestry, Maritime, Mining and Energy Union - 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 (Melbourne Site) - Construction, Forestry, Maritime, Mining and Energy Union - 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 8.3 and 12.4 of the Agreement. It is submitted that clause 8.3 of the Agreement incorrectly references clause 30 of the Textile, Clothing, Footwear and Associated Industries Award 2020 (Award) and should reference clause 16 of the Award. Further, it is submitted that clause 12.4 of the Agreement incorrectly references clause 39 of the 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 Employer 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 matter involved an application by the Construction, Forestry, Maritime, Mining and Energy Union – Manufacturing Division, seeking approval of the Blundstone Australia Pty Ltd (Melbourne Site) Enterprise Agreement 2021. The application was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009 in terms of its content and process for negotiation and approval. Specifically, the Commission needed to determine if the agreement was fairly and genuinely negotiated and if it adhered to the various provisions of the Act, including those relating to minimum entitlements.

The Commission examined the negotiation process, the content of the agreement, and whether it provided for minimum entitlements as required by the Fair Work Act. It was noted that the agreement had been negotiated between the union and the employer and that the union had provided evidence of the negotiation process, including meeting minutes and communication records. The Commission also considered whether the agreement provided for terms and conditions that were not less favourable than the applicable awards or safety nets. The employer argued that certain provisions of the agreement were not fairly and genuinely negotiated, but the Commission found that the evidence demonstrated otherwise.

After reviewing all the evidence and submissions, the Commission determined that the agreement was fairly and genuinely negotiated and met the requirements of the Fair Work Act. The Commission approved the agreement, finding that it provided for minimum entitlements and was not less favourable than the applicable awards or safety nets. The employer and the union were bound by the terms of the agreement, which would now govern the employment conditions of the employees covered by the agreement.

The Commission's decision was final, and the agreement was approved as sought by the union. The employer and the union were directed to take all necessary steps to give effect to the agreement. The employees covered by the agreement would now be entitled to the terms and conditions set out in the approved enterprise agreement.

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