DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blundstone Australia Pty Ltd
(AG2015/3710)

BLUNDSTONE AUSTRALIA PTY LTD (HOBART SITE) - TCFUA ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER ROE	MELBOURNE, 15 JULY 2015

Application for approval of the Blundstone Australia Pty Ltd (Hobart Site) - TCFUA Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Blundstone Australia Pty Ltd (Hobart Site) - TCFUA Enterprise Agreement 2015 (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] 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. 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.

[4] The Textile, Clothing and Footwear Union of Australia, 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 was approved on 15 July 2015 and, in accordance with s.54, will operate from 22 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Blundstone Australia Pty Ltd, which applied for the approval of the Blundstone Australia Pty Ltd (Hobart Site) - TCFUA Enterprise Agreement 2015. The application was heard in the Fair Work Commission. This agreement was proposed as a means to regulate the terms and conditions of employment for certain employees at the Hobart site. The legal issues the court needed to resolve centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 for approval and registration. This included ensuring the agreement was genuinely bargained, free from any improper influences, and provided for fair terms and conditions of employment.

The court examined whether the agreement was made in good faith and whether the process of bargaining was free from any coercion, undue influence or pressure. Additionally, the court assessed whether the agreement provided for fair and reasonable terms and conditions, taking into account the nature of the business, the employees' roles, and the existing industry standards. The court also considered whether the agreement met the requirements of the Better Off Overall Test, ensuring that employees were not worse off financially under the new agreement compared to their previous terms.

After reviewing the evidence and submissions, the court concluded that the agreement was genuinely bargained and met all the necessary criteria under the Fair Work Act. The court found that the process was free from any improper influences, and the terms and conditions of employment were fair and reasonable. The agreement was also deemed to meet the Better Off Overall Test. Therefore, the court approved the agreement and ordered its registration under the Act. The final orders included the formal approval and registration of the Blundstone Australia Pty Ltd (Hobart Site) - TCFUA Enterprise Agreement 2015.

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