DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cotton On Group Services Pty Ltd T/A Cotton On
(AG2018/5315)

COTTON ON GROUP AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the Cotton On Group and National Union of Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cotton On Group and National Union of Workers Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cotton On Group Services Pty Ltd T/A Cotton On. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Cotton On Group Services Pty Ltd, trading as Cotton On, sought approval of an enterprise agreement with the National Union of Workers. The application was heard in the Fair Work Commission, where the parties contested the terms of the proposed agreement. The dispute centred on specific provisions of the agreement that the union argued did not meet the requirements for fair and reasonable terms under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement adequately addressed the rights and obligations of both employers and employees, and if it provided for fair and reasonable terms of employment. The Commission needed to determine whether the agreement met the statutory requirements for approval, including provisions on wages, hours of work, and other conditions of employment. The union raised concerns about the implications of certain clauses on employee rights and protections.

The Fair Work Commission found that the proposed agreement, while generally favourable to both parties, contained provisions that did not meet the standard of fairness and reasonableness required by law. The Commission emphasised the importance of ensuring that the rights and obligations of employees were adequately protected. After considering submissions from both parties and reviewing the provisions of the agreement, the Commission determined that the agreement, as proposed, did not meet the necessary standards and was not approved. The Commission directed the parties to return to negotiations to address the concerns raised.

Cotton On Group Services Pty Ltd T/A Cotton On

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established