Flicker's Australia Pty Ltd

[2022] FWCA 236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Flicker's Australia Pty Ltd

(AG2021/9231)

Flicker's Australia Pty. Ltd. and CFMMEU Agreement 2021

Textile industry
COMMISSIONER O'NEILL	MELBOURNE, 28 JANUARY 2022

Application for approval of the Flicker's Australia Pty. Ltd. and CFMMEU Agreement 2021

Flicker’s Australia Pty Ltd has applied for approval of an enterprise agreement known as the Flicker’s Australia Pty. Ltd. and CFMMEU Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2022. The nominal expiry date of the Agreement is 3 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Flicker's Australia Pty Ltd to the Fair Work Commission (FWC) for the approval of their enterprise agreement. The agreement in question was entered into between the two parties and was aimed at regulating the terms and conditions of employment for the employees of Flicker's Australia Pty Ltd. The primary dispute was whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues that the FWC was required to determine included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act and whether it contained all the necessary provisions required by the Act. The CFMEU argued that the agreement was made in good faith and that it complied with all the relevant provisions of the Act. However, there were concerns raised by some of the employees that the agreement did not adequately protect their interests.

The FWC found that the agreement was made in good faith and that it complied with all the necessary provisions of the Act. The FWC was satisfied that the agreement contained all the required provisions and that it was fair and reasonable. The FWC also found that the agreement did not have any unfair provisions and that it did not undermine the protections provided by the Act. The FWC approved the agreement and made an order that it be registered as a registered agreement under the Fair Work Act.

The FWC's decision was based on the evidence presented to it and its assessment of the agreement. The FWC found that the agreement was fair and reasonable and that it did not have any provisions that were unfair or undermined the protections provided by the Act. The FWC also found that the agreement was made in good faith and that it complied with all the relevant provisions of the Act. The approval of the agreement ensures that the terms and conditions of employment for the employees of Flicker's Australia Pty Ltd are regulated by a legally binding document that is fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established