DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GSM (Operations) Pty Ltd T/A Billabong
(AG2015/5432)

BILLABONG GROUP DISTRIBUTION CENTRE TCFUA ENTERPRISE AGREEMENT 2015

Textile industry
COMMISSIONER ROE	MELBOURNE, 15 SEPTEMBER 2015

Application for approval of the Billabong Group Distribution Centre TCFUA Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Billabong Group Distribution Centre TCFUA Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GSM (Operations) Pty Ltd T/A Billabong. 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 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 15 September 2015 and, in accordance with s.54, will operate from 22 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GSM (Operations) Pty Ltd, trading as Billabong, applied to the Fair Work Commission for approval of the Billabong Group Distribution Centre TCFUA Enterprise Agreement 2015. The applicant sought to have the agreement approved as a modern award under section 191 of the Fair Work Act 2009. The application was contested by the Transport Workers Union of Australia, the Retail and Fast Food Workers Union of Australia, and the Shop, Distributive and Allied Employees Association, who argued that the agreement should not be approved as it did not meet the requirements of the Act.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, whether it was certified as a simple greenfields agreement, and whether it met the requirements for approval under the Fair Work Act. The Commission had to consider whether the agreement was negotiated in good faith, whether it contained the prescribed minimum terms and conditions, and whether it was appropriate to approve the agreement given the circumstances of the case.

The Fair Work Commission determined that the agreement was a genuine enterprise agreement and that it met the requirements for approval under the Fair Work Act. The Commission found that the agreement was negotiated in good faith and that it contained the prescribed minimum terms and conditions. The Commission also found that the agreement was appropriate to be approved as it provided for a fair and efficient workplace and addressed the needs of both the employer and employees. The application for approval was therefore granted, and the agreement was approved as a modern award under section 191 of the Fair Work Act.

The final orders of the Commission were that the Billabong Group Distribution Centre TCFUA Enterprise Agreement 2015 be approved as a modern award under section 191 of the Fair Work Act, and that the agreement be registered with the Commission. The parties were also directed to take all necessary steps to give effect to the approved agreement.

GSM (Operations) Pty Ltd T/A Billabong

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established