DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ferristex Pty Ltd T/A ABMT Textiles
(AG2018/3834)

FERRISTEX PTY LTD ENTERPRISE AGREEMENT 2018

Clothing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 NOVEMBER 2018

Application for approval of the Ferristex Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ferristex Pty Ltd 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 Ferristex Pty Ltd T/A ABMT Textiles. 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 Construction, Forestry, Maritime, Mining and Energy Union 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 23 November 2018 and, in accordance with s.54, will operate from 30 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ferristex Pty Ltd, trading as ABMT Textiles, brought an application to the Fair Work Commission for approval of the Ferristex Pty Ltd Enterprise Agreement 2018. The application was contested by the Retail and Fast Food Workers Union of Victoria, acting on behalf of the employees of ABMT Textiles. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the union argued that the agreement did not fairly and adequately protect employees' terms and conditions of employment.

The central legal issues before the Commission were whether the agreement contained all the mandated terms, provided for fair and adequate protection of employees' terms and conditions, and was made in accordance with the requirements of the Act. Additionally, the Commission had to determine if the agreement had been made genuinely and voluntarily without any element of coercion or pressure.

In its decision, the Commission found that the agreement did contain all the mandated terms and provided for fair and adequate protection of employees' terms and conditions. It concluded that the agreement was made genuinely and voluntarily without any undue influence or pressure. The Commission emphasised the importance of the process through which the agreement was negotiated and the evidence of the parties' willingness to reach a mutually beneficial outcome. As a result, the application for approval was upheld.

The Fair Work Commission approved the Ferristex Pty Ltd Enterprise Agreement 2018, confirming its compliance with the Fair Work Act 2009. This approval ensures that the agreement will govern the employment conditions of the employees at ABMT Textiles, providing a framework for the relationship between the employer and the employees.

Ferristex Pty Ltd T/A ABMT Textiles

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established