DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blundstone Australia Pty Ltd
(AG2018/2834)

BLUNDSTONE AUSTRALIA PTY LTD (MELBOURNE SITE) - CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2018

Textile industry
COMMISSIONER LEE	MELBOURNE, 4 JULY 2018

Application for approval of the Blundstone Australia Pty Ltd (Melbourne Site) - Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division Enterprise Agreement 2018.

[1] An application has been made 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 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blundstone 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 11 July 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Blundstone Australia Pty Ltd, an applicant, sought approval of the Blundstone Australia Pty Ltd (Melbourne Site) - Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division Enterprise Agreement 2018. The applicant, a manufacturer of footwear, applied to the Commission for its approval of the enterprise agreement, which it had negotiated with the union. The union represented employees of the company, who were engaged in various roles such as production workers, warehouse staff, and administrative personnel.

The primary legal issue the Commission had to address was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for "registerable" status, which includes being in writing, free from prohibited content, and meeting the "better off overall test." The latter requires that the agreement provides employees with a minimum total pay rate that is no less favourable than the relevant award or registered agreement, and provides other terms and conditions that are no less favourable than the relevant award or registered agreement, with some exceptions.

The Commission found that the agreement met all the necessary requirements for approval. It was in writing and free from prohibited content. It also passed the "better off overall test" as the agreement provided employees with terms and conditions that were no less favourable than the relevant award or registered agreement, and in some cases, more favourable. The Commission was satisfied that the agreement was fairly negotiated and met all the legal criteria for approval. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Blundstone Australia Pty Ltd (Melbourne Site) - Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division Enterprise Agreement 2018. The agreement was to be registered with the Fair Work Commission and would apply to the employees of the company from the date of registration. The Commission's decision was final and binding, and no further appeal was possible.

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