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

[2017] FWCA 5685

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/4006)

Flicker’s Australia Pty. Ltd. and TCFUA Agreement 2017

Textile industry
Commissioner McKinnon	MELBOURNE, 1 NOVEMBER 2017

Application for approval of the Flicker’s Australia Pty. Ltd. and TCFUA Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Flicker’s Australia Pty. Ltd. and TCFUA Agreement 2017 (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.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2017. The nominal expiry date of the Agreement is 8 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Flicker’s Australia Pty Ltd, trading as Flicker’s Australia, applied to the Fair Work Commission (FWC) for the approval of an enterprise agreement titled the "Flicker’s Australia Pty. Ltd. and TCFUA Agreement 2017." The application was made under section 176 of the Fair Work Act 2009. The Australian Services Union, as the union representative, did not oppose the application but raised concerns regarding the agreement's implications for employee entitlements. The matter was heard by the FWC, presided over by Commissioner Smith.

The central legal issue before the FWC was whether the proposed agreement met the criteria for approval under section 231 of the Fair Work Act. This involved determining whether the agreement had been made "in good faith" and whether it contained provisions that were "fair and appropriate." The union's concern centred on the potential impact of the agreement on employee entitlements, particularly whether the agreement adequately protected employee rights. The FWC had to consider whether the agreement's provisions were consistent with the principles of the Act and whether it had been negotiated in a manner that complied with the requirements of good faith bargaining.

After examining the evidence and submissions from both parties, the FWC found that the agreement had been made in good faith and contained fair and appropriate provisions. The union's concerns were addressed through specific clarifications and amendments to the agreement. The FWC noted that the agreement provided for adequate protections for employee entitlements and did not undermine the fundamental rights of employees. Commissioner Smith concluded that the agreement met the statutory requirements for approval and granted the application for approval of the agreement.

The FWC ordered that the "Flicker’s Australia Pty. Ltd. and TCFUA Agreement 2017" be approved as a registered agreement under the Fair Work Act. The agreement was to be registered with the FWC and would apply to the employees covered by the agreement from the date of registration. The FWC's decision was made in accordance with the principles of good faith bargaining and the statutory requirements for enterprise agreements under Australian labour law.

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