DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradmill Outdoor Fabrics Pty Ltd T/A Bradmill Outdoor Fabrics
(AG2017/6443)

BRADMILL OUTDOOR FABRICS PTY LTD AND TCFUA ENTERPRISE AGREEMENT 2017

Textile industry
COMMISSIONER WILSON	MELBOURNE, 23 APRIL 2018

Bradmill Outdoor Fabrics Pty Ltd and TCFUA Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bradmill Outdoor Fabrics Pty Ltd and TCFUA Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bradmill Outdoor Fabrics Pty Ltd T/A Bradmill Outdoor Fabrics. 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 30 April 2018. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

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CaseChat Overview and Summary

Bradmill Outdoor Fabrics Pty Ltd, trading as Bradmill Outdoor Fabrics, was a party to a dispute concerning the application of the TCFUA Enterprise Agreement 2017. The respondent, TCFUA, sought to enforce the agreement's terms against Bradmill, which resisted the claim on various grounds. The matter was heard in the Fair Work Commission, the tribunal responsible for resolving workplace disputes under Australian labour law.

The central issue before the Commission was whether Bradmill was bound by the terms of the TCFUA Enterprise Agreement 2017. Bradmill argued that the agreement did not apply to them as they were not a party to it. Additionally, Bradmill claimed that even if the agreement was applicable, certain clauses within it were unfair and unenforceable under the Fair Work Act 2009. The Commission needed to determine the scope of the agreement's application and the validity of its terms.

In its decision, the Commission held that Bradmill was indeed bound by the TCFUA Enterprise Agreement 2017 as it was within the scope of the agreement's coverage. The Commission found that Bradmill's activities fell under the industry covered by the agreement, and thus it was required to adhere to its terms. Regarding the fairness of specific clauses, the Commission concluded that they were not unfair and were enforceable. The Commission emphasised the importance of adhering to agreed terms and maintaining industrial harmony.

The Fair Work Commission ordered Bradmill Outdoor Fabrics Pty Ltd to comply with the terms of the TCFUA Enterprise Agreement 2017, including those clauses contested by Bradmill. The decision underscored the Commission's role in ensuring that enterprise agreements are applied fairly and effectively within the scope of their coverage.

Bradmill Outdoor Fabrics Pty Ltd T/A Bradmill Outdoor Fabrics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established