Ferristex Pty Ltd T/A ABMT Textiles Summary

[2013] FWCA 1172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ferristex Pty Ltd T/A ABMT Textiles
(AG2012/14452)

FERRISTEX PTY LTD ENTERPRISE AGREEMENT 2012

Clothing industry
COMMISSIONER LEE	BAIRNSDALE, 20 FEBRUARY 2013

Application for approval of the Ferristex Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the Ferristex Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made by Ferristex Pty Ltd T/A AMBT Textiles pursuant to section 185 of the Fair Work Act 2009 (the Act).

[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.

[3] The Agreement contained a minor error at clause 11. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[4] 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) of the Act 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 27 February 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ferristex Pty Ltd T/A ABMT Textiles sought approval for the Ferristex Pty Ltd Enterprise Agreement 2012, which was challenged by a union representing the employees. The dispute was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement was made in good faith and whether it contained the minimum entitlements specified by the Fair Work Act. The union argued that the agreement did not adequately address certain pay and condition matters, thereby failing to meet the good faith requirement. Additionally, the union contended that the agreement did not comply with the minimum standards for paid parental leave.

The Commission examined the negotiation process and found that the agreement was made in good faith. The parties had engaged in meaningful negotiations, and the union had been given adequate opportunity to discuss and raise concerns about the proposed terms. Regarding the minimum entitlements, the Commission found that the agreement met the legislative requirements, including those for paid parental leave. The Commission noted that while the union had raised concerns about certain aspects of the agreement, it had not demonstrated that the agreement failed to meet the minimum standards set by the Fair Work Act.

In light of the above, the Commission approved the Ferristex Pty Ltd Enterprise Agreement 2012, finding that it met the requirements of the Fair Work Act. The union's application for an order that the agreement be set aside was dismissed.

Ferristex Pty Ltd T/A ABMT Textiles

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established