DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cash’s Apparel Solutions Pty. Ltd.
(AG2019/833)

CASH'S APPAREL SOLUTIONS PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2019

Textile industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 MAY 2019

Application for approval of the Cash's Apparel Solutions Pty Ltd Employee Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cash’s Apparel Solutions Pty Ltd Employee Enterprise Agreement 2019 (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] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 28 May 2019 and, in accordance with s.54, will operate from 4 June 2019. The nominal expiry date of the Agreement is 4 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cash’s Apparel Solutions Pty. Ltd. sought approval of the Employee Enterprise Agreement 2019 from the Fair Work Commission. The agreement, proposed by the employer, aimed to formalise the terms and conditions of employment for its employees. The primary dispute involved the fairness and compliance of the proposed agreement with the Fair Work Act 2009. The Fair Work Commission was tasked with evaluating whether the agreement met the necessary standards for approval.

The court examined several legal issues, including whether the agreement was genuinely negotiated between the employer and a majority of the employees, whether it complied with the procedural requirements set forth in the Fair Work Act, and if the terms of the agreement were fair and reasonable in all respects. The fairness test required the court to consider various factors, such as the nature of the bargaining, the extent of the parties' bargaining power, and the overall balance of the agreement's provisions.

The Fair Work Commission concluded that the agreement had been genuinely negotiated and met all procedural requirements. The court found that the agreement was fair and reasonable, taking into account the specific circumstances of the bargaining process and the balance of the agreement's terms. The decision was based on a thorough analysis of the evidence presented, including submissions from both the employer and the employees' representatives. The commission determined that the agreement appropriately reflected the needs and interests of both parties.

The Fair Work Commission approved the Employee Enterprise Agreement 2019, setting forth the terms and conditions of employment for the employees of Cash’s Apparel Solutions Pty. Ltd. The approval was contingent on the employer implementing the agreement in accordance with the Fair Work Act and the terms set out in the approved 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