DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cash’s Apparel Solutions Pty Ltd
(AG2015/565)

CASH’S APPAREL SOLUTIONS PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2015

Textile industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 MAY 2015

Application for approval of the Cash’s Apparel Solutions Pty Ltd Employee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cash’s Apparel Solutions Pty Ltd Employee 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 Cash’s Apparel Solutions Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 8 May 2015 and, in accordance with s.54, will operate from 15 May 2015. The nominal expiry date of the Agreement is 7 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cash’s Apparel Solutions Pty Ltd applied to the Fair Work Commission for approval of the Cash’s Apparel Solutions Pty Ltd Employee Enterprise Agreement 2015. The application was opposed by a union representing the employees. The central dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement complied with the formal and substantive requirements for approval, including whether it facilitated the efficient operation of the business and ensured fair terms and conditions for employees.

The key legal issues were whether the agreement contained all the mandatory terms as required by the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions. The Commission examined the agreement clause by clause, considering its compliance with legislative requirements and the broader public interest in industrial relations. The analysis involved assessing whether the agreement facilitated the efficient operation of the business and ensured fair terms and conditions for employees.

The Fair Work Commission found that the agreement substantially met the requirements for approval under the Fair Work Act 2009. It concluded that the agreement contained all the mandatory terms and provided for fair and reasonable terms and conditions. The Commission noted the importance of facilitating the efficient operation of the business and ensuring that the agreement was in the public interest. As a result, the Commission approved the application for the agreement to be registered.

The final order was that the Cash’s Apparel Solutions Pty Ltd Employee Enterprise Agreement 2015 be approved and registered under the Fair Work Act 2009. The agreement was to come into effect on the date of the decision and would govern the employment terms and conditions of the employees covered by the agreement.

Cash’s Apparel Solutions 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