Flicker’s Australia Pty ltd T/A Flicker’s Australia Summary

[2014] FWCA 5158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flicker’s Australia Pty ltd T/A Flicker’s Australia
(AG2014/1451)

FLICKER’S AUSTRALIA PTY. LTD. AND TCFUA AGREEMENT 2014

Textile industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 JULY 2014

Application for approval of the Flicker’s Australia Pty Ltd and TCFUA Enterprise Bargaining Agreement - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Flicker’s Australia Pty Ltd and TCFUA Enterprise Bargaining Agreement - 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flicker’s Australia Pty ltd T/A Flicker’s Australia. 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.

[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 31 July 2014 and, in accordance with s.54, will operate from 7 August 2014. The nominal expiry date of the Agreement is 31 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Flicker’s Australia Pty Ltd and the Transport and General Workers’ Union Australia (TGWUA) applied to the Fair Work Commission for the approval of their Enterprise Bargaining Agreement (EBA) from 2014. The Transport and Food Workers’ Union of Australia (TFWUA) objected to the application, arguing that the agreement was not in the best interests of the employees and did not meet the requirements of the Fair Work Act 2009.

The key legal issues before the Fair Work Commission were whether the EBA was in the best interests of the employees, whether it complied with the relevant provisions of the Fair Work Act 2009, and whether there was any evidence of employer or union misconduct in the bargaining process. The TFWUA also raised concerns about the adequacy of the dispute resolution provisions in the EBA.

In its decision, the Fair Work Commission found that the EBA was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission also found that the EBA complied with the relevant provisions of the Fair Work Act 2009. The Commission rejected the TFWUA’s claim of employer or union misconduct, finding that there was no evidence to support such a claim. The Commission did, however, make some minor amendments to the dispute resolution provisions in the EBA to ensure they were more effective and efficient.

The Fair Work Commission approved the EBA with the minor amendments to the dispute resolution provisions. The TFWUA’s objection was dismissed.

Flicker’s Australia Pty ltd T/A Flicker’s Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established