Cog Regional Team Pty Ltd T/A Cotton On Group

[2022] FWCA 2610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cog Regional Team Pty Ltd T/A Cotton On Group

(AG2022/2425)

Cotton On Group and United Workers Union Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 AUGUST 2022

Application for approval of the Cotton On Group and United Workers Union Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Cotton On Group and United Workers Union Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cog Regional Team Pty Ltd T/A Cotton On Group. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

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

I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The United Workers’ 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 9 August 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Cotton On Group, represented by Cog Regional Team Pty Ltd, sought approval of their Enterprise Agreement with the United Workers Union for the year 2022. The Union represented employees across various positions within the organisation, including store managers and retail staff. The primary dispute centred on the terms and conditions of employment, wage rates, and other employment-related matters specified in the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement complied with the formal requirements of the Act, including the provision of proper notice and the facilitation of employee consultation. Additionally, the Commission had to ensure the agreement did not disadvantage employees, was not inconsistent with any national employment standards, and was fair and reasonable in all its terms. The Commission also needed to assess whether the agreement was made in good faith and whether it adhered to the provisions of the Act concerning the negotiation process and content of the agreement.

In its decision, the Commission examined the procedural fairness of the agreement, the negotiation process, and the substantive content of the agreement. The Commission found that the agreement was made in good faith, with adequate consultation and notice provided to the employees. The Commission also determined that the agreement was fair and reasonable, did not disadvantage employees, and complied with the national employment standards. Consequently, the Commission approved the proposed Enterprise Agreement, finding it met all the statutory requirements under the Fair Work Act.

The Fair Work Commission approved the Cotton On Group and United Workers Union Enterprise Agreement 2022. The Commission determined that the agreement was made in good faith, complied with the procedural requirements of the Act, and was fair and reasonable in its terms. The Commission also found that the agreement did not disadvantage employees and was consistent with the national employment standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established