Bradmill Outdoor Fabrics Pty Ltd

[2013] FWCA 1571

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradmill Outdoor Fabrics Pty Ltd
(AG2013/5071)

BRADMILL OUTDOOR FABRICS PTY LTD AND TCFUA ENTERPRISE AGREEMENT 2012

Clothing industry
COMMISSIONER LEE	MELBOURNE, 14 MARCH 2013

Application for approval of the Bradmill Outdoor Fabrics Pty Ltd and TCFUA Enterprise Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the Bradmill Outdoor Fabrics Pty Ltd and TCFUA Enterprise Agreement 2012 (the Agreement). The application was made by Bradmill Outdoor Fabrics Pty Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] 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) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2013. The nominal expiry date of the Agreement is 1 December 2013.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradmill Outdoor Fabrics Pty Ltd sought approval for the Bradmill Outdoor Fabrics Pty Ltd and TCFUA Enterprise Agreement 2012. The applicant and the respondent, TCFUA, disagreed on certain terms and conditions of the agreement. The matter was heard in the Fair Work Commission.

The central legal issue before the court was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the best interests of the employees and whether it contained all the required minimum terms as set out in the Act. Another significant aspect was whether the agreement had been genuinely negotiated between the parties.

The court examined the application and submissions from both parties. It took into account the evidence provided, which included details on the negotiation process and the impact of the agreement on the employees. The court concluded that the agreement was in the best interests of the employees and contained all the required minimum terms. It found that the negotiation process was genuine, as the parties had engaged in meaningful discussions and reached a consensus on the terms. Consequently, the court approved the application and the enterprise agreement.

The court ordered the approval of the Bradmill Outdoor Fabrics Pty Ltd and TCFUA Enterprise Agreement 2012, subject to the terms and conditions set out in the decision. The agreement would now be binding on the parties and their employees, providing a framework for their industrial relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established