DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ferristex Pty Ltd
(AG2015/3699)

FERRISTEX PTY LTD ENTERPRISE AGREEMENT 2015

Textile industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 JULY 2015

Application for approval of the Ferristex Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ferristex Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ferristex Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 July 2015 and, in accordance with s.54, will operate from 21 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ferristex Pty Ltd, sought approval of the Ferristex Pty Ltd Enterprise Agreement 2015 before the Fair Work Commission. The dispute arose from the application process under the Fair Work Act 2009, specifically concerning the compliance of the proposed agreement with the statutory requirements for enterprise agreements. Ferristex Pty Ltd, the employer, and the relevant union, which represented the employees, were the parties involved. The union contested the application, raising objections to specific provisions of the agreement, which they argued did not comply with the provisions of the Act.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009. The court needed to determine whether the proposed agreement adhered to the legislative requirements, including provisions on employee protections, procedural fairness, and the nature of the agreement itself. The union's objections focused on specific terms they believed did not meet the statutory standards, particularly concerning employee entitlements and procedural fairness. The court had to evaluate these objections to ascertain if the agreement was compliant and, if not, what modifications were necessary.

In its reasoning, the court examined each contested clause in detail, considering statutory provisions and relevant case law. The court found that some of the union's objections were valid, as certain clauses did not comply with the Fair Work Act 2009. After careful consideration, the court made amendments to these clauses to ensure they met the legislative requirements. The court then approved the agreement with these modifications, finding that the amended agreement complied with the Act and was fair and reasonable. The court's decision was grounded in a thorough analysis of the statutory provisions and the specific facts of the case.

Ferristex Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established