Cash's Apparel Solutions Pty Ltd T/A Jointak

[2023] FWCA 1343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cash's Apparel Solutions Pty Ltd T/A Jointak

(AG2023/1119)

CASH'S APPAREL SOLUTIONS PTY LTD T/A JOINTAK EMPLOYEE ENTERPRISE AGREEMENT 2023

Employee Enterprise Agreement 2023

Textile industry
COMMISSIONER LEE	MELBOURNE, 11 MAY 2023

Application for approval of the Cash's Apparel Solutions Pty Ltd T/A Jointak Employee Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Cash's Apparel Solutions Pty Ltd T/A Jointak Employee Enterprise Agreement 2023 (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 T/A Jointak. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2023. The nominal expiry date of the Agreement is 18 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cash's Apparel Solutions Pty Ltd, trading as Jointak, applied to the Fair Work Commission for approval of the Employee Enterprise Agreement 2023. The agreement proposed various terms and conditions of employment for employees within the company. The dispute arose from concerns regarding the fairness and compliance of the proposed agreement with relevant industrial laws. The Fair Work Commission was tasked with reviewing the application and determining whether the agreement should be approved.

The central legal issues before the Commission were whether the proposed terms and conditions of employment were fair, and whether the agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing the agreement's adherence to the "better off overall test" which requires that employees be no worse off financially under the new agreement, as well as ensuring that the agreement contained all mandatory terms as prescribed by the Act.

The Commission carefully examined the proposed agreement and the submissions from both the employer and the employees' representatives. It considered the fairness of the proposed terms, the compliance with the better off overall test, and the inclusion of all mandatory terms. After thorough analysis, the Commission determined that the agreement was fair and met all the necessary legal requirements. Consequently, the Fair Work Commission approved the Employee Enterprise Agreement 2023 for Cash's Apparel Solutions Pty Ltd trading as Jointak.

In its decision, the Commission outlined the approval of the agreement and directed the parties to implement the terms as specified. The Commission's decision was based on the comprehensive evidence presented, and it concluded that the agreement was fair and complied with all legal standards. The final order was that the Employee Enterprise Agreement 2023 be approved and implemented accordingly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established