DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fashion Clubwear Pty Ltd
(AG2016/5929)

FASHION CLUBWEAR PTY LTD - TCFUA ENTERPRISE AGREEMENT 2016

Clothing industry
COMMISSIONER ROE	MELBOURNE, 19 OCTOBER 2016

Application for approval of the Fashion Clubwear Pty Ltd - TCFUA Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fashion Clubwear Pty Ltd - TCFUA Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fashion Clubwear 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 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 19 October 2016 and, in accordance with s.54, will operate from 26 October 2016. The nominal expiry date of the Agreement is 1 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fashion Clubwear Pty Ltd applied to the Fair Work Commission for approval of the Fashion Clubwear Pty Ltd - TCFUA Enterprise Agreement 2016. The Australian Manufacturing Workers' Union was the applicant's bargaining representative, while the Textile, Clothing, Footwear and Apparel Union of Australia was the respondent's bargaining representative. The application for approval was opposed by the respondent's bargaining representative on the basis that the agreement did not comply with section 228 of the Fair Work Act 2009 (Cth). The opposition was based on the argument that the agreement did not contain a fair and reasonable mechanism for the resolution of disputes between the parties.

The primary legal issue before the Commission was whether the agreement contained a fair and reasonable mechanism for the resolution of disputes between the parties, in accordance with section 228 of the Fair Work Act. The Commission found that the agreement did not contain a fair and reasonable mechanism for the resolution of disputes. The agreement provided for the resolution of disputes to be referred to the Fair Work Commission, but did not provide for any other mechanism for the resolution of disputes. The Commission found that this was not a fair and reasonable mechanism for the resolution of disputes, as it did not provide for any other means of resolving disputes outside of the Fair Work Commission. The Commission also found that the agreement did not provide for any mechanism for the resolution of disputes that were not covered by the Fair Work Act.

Accordingly, the application for approval was dismissed. The Commission found that the agreement did not comply with section 228 of the Fair Work Act, as it did not contain a fair and reasonable mechanism for the resolution of disputes between the parties. The Commission ordered that the application for approval of the agreement be dismissed, and that the agreement be not approved. The Commission also ordered that the agreement be not registered under section 186 of the Fair Work Act.

Fashion Clubwear 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