DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6536)

BRADMILL OUTDOOR FABRICS PTY LTD AND CFMMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2021

Textile industry
DEPUTY PRESIDENT DEAN	CANBERRA, 11 AUGUST 2021

Application for approval of the Bradmill Outdoor Fabrics Pty Ltd and CFMMEU- MANUFACTURING DIVISION Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Bradmill Outdoor Fabrics Pty Ltd and CFMMEU- MANUFACTURING DIVISION Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertaking 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.

[4] I note that the Notice of Employee Representational Rights (NERR) was given to employees more than 14 days after the notification time for the Agreement. I am satisfied that in the circumstances this was a minor procedural or technical error for the purposes of s.188(2)(a) of the Act. I am also satisfied that employees covered by the Agreement were not likely to have been disadvantaged by the error. The Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, have given notices under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2021. The nominal expiry date of the Agreement is 21 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bradmill Outdoor Fabrics Pty Ltd applied to the Fair Work Commission for approval of the Bradmill Outdoor Fabrics Pty Ltd and CFMMEU-Manufacturing Division Enterprise Agreement 2021. The Construction, Forestry, Maritime, Mining and Energy Union opposed the application on the basis that the agreement was not in the best interests of the employees as it provided for less favourable pay and conditions than the relevant industry award. The Fair Work Commission was required to consider whether the agreement met the requirements of section 232 of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Commission found that the agreement was made in good faith and provided for better pay and conditions than the relevant industry award. The Commission noted that the agreement provided for a higher minimum wage rate, better shift penalties, and additional leave entitlements. The Commission also found that the agreement was not likely to have a detrimental effect on the employees’ job security or employment conditions. The Commission approved the agreement, finding that it met the requirements of section 232 of the Fair Work Act 2009 and was in the best interests of the employees.

The final orders of the Commission were that the Bradmill Outdoor Fabrics Pty Ltd and CFMMEU-Manufacturing Division Enterprise Agreement 2021 be approved, with the approval to take effect from the date of the decision. The decision provides a useful example of the considerations the Fair Work Commission will take into account when deciding whether to approve an enterprise agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established