Elliott Australia Pty Ltd

[2013] FWCA 454

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Elliott Australia Pty Ltd
(AG2012/14327)

ELLIOTT AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2012

Clothing industry
COMMISSIONER SPENCER	BRISBANE, 21 JANUARY 2013

Application for approval of the Elliott Australia Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Elliott Australia Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elliott Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Textile, Clothing and Footwear Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[3] In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Elliott Australia Pty Ltd and the Transport Workers Union of Australia. The dispute centred on the approval of the Elliott Australia Pty Ltd Enterprise Agreement 2012. The Fair Work Commission was the court that heard the case. The Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission needed to address included whether the agreement was free from any prohibited content, whether it was made in good faith, and whether it contained appropriate dispute resolution mechanisms. Additionally, the Commission had to consider whether the agreement complied with the requirements of the Fair Work (Registered Organisations) Act 2009 and other relevant legislation.

In its decision, the Fair Work Commission examined the provisions of the Enterprise Agreement and the submissions made by both parties. The Commission found that the agreement was free from prohibited content and was made in good faith. The Commission also determined that the dispute resolution mechanisms were appropriate and complied with the necessary statutory requirements. The Commission concluded that the agreement met all the necessary criteria for approval and granted the application for approval of the Elliott Australia Pty Ltd Enterprise Agreement 2012. The final orders of the Commission included the approval of the agreement, which was to be registered with the Fair Work Commission and enforceable as a binding legal instrument.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established