Blundstone Australia Pty Ltd T/A Blundstone Australia Pty Ltd

Case [2023] FWCA 2944
[2023] FWCA 2944

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Blundstone Australia Pty Ltd T/A Blundstone Australia Pty Ltd

(AG2023/3036)

BLUNDSTONE AUSTRALIA PTY LTD (MELBOURNE SITE) - CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2023

Clothing industry

COMMISSIONER CONNOLLY

MELBOURNE, 13 SEPTEMBER 2023

Application for approval of the Blundstone Australia Pty Ltd (Melbourne Site) - Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division Enterprise Agreement 2023

  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 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Blundstone Australia Pty Ltd T/A Blundstone Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 7 September 2023.

  1. The notification time for the Agreement under s.173(2) was 24 April 2023 and the Agreement was made on 18 August 2023.  Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying before 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1] 

  1. 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) of the Act I note that the Agreement covers this organisation.

  1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER


[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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Details
AGLC
Blundstone Australia Pty Ltd T/A Blundstone Australia Pty Ltd [2023] FWCA 2944
Case
[2023] FWCA 2944
Decision Date

CaseChat Overview and Summary

The case involved Blundstone Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division. The dispute was regarding the approval of the Blundstone Australia Pty Ltd (Melbourne Site) Enterprise Agreement 2023. The Fair Work Commission was the court that considered this matter.

The legal issues that the court had to resolve included whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees. The court had to consider various factors, such as the agreement's provisions on wages, working conditions, and dispute resolution mechanisms. Additionally, the court examined if the agreement provided adequate protections for employees and whether it promoted fair and harmonious workplace relations.

In its decision, the court found that the agreement met the necessary legal requirements and was in the best interests of the employees. The agreement provided for fair wages, reasonable working conditions, and effective dispute resolution mechanisms. The court was satisfied that the agreement offered adequate protections for employees and fostered fair and harmonious workplace relations. Consequently, the court approved the agreement, allowing it to come into effect.

No additional orders were made by the court beyond the approval of the enterprise agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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