DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Interface Aust Pty Limited
(AG2019/419)

INTERFACE AUST PTY LIMITED (TEXTILE AND MAINTENANCE) ENTERPRISE AGREEMENT 2019-2022

Clothing industry
COMMISSIONER PLATT	ADELAIDE, 9 APRIL 2019

Application for approval of the Interface Aust Pty Limited (Textile and Maintenance) Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Interface Aust Pty Limited (Textile and Maintenance) Enterprise Agreement 2019-2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Interface Australia Pty Limited. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 6 March 2019.

[3] On 15 March 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 18 March 2019. The undertaking deals with the following topics:

• Despite clause 14.2 of the Agreement, employees will be entitled to three days paid compassionate leave in respect of a member of their immediate family (five days if travelling on a flight of five hours or more) and two days paid compassionate leave on each occasion in respect of a member of the household.

• Despite clause 14.3 of the Agreement, employees will be entitled to a total of five days domestic violence leave per year, of which three days will be paid.

• Despite clause 11 of the Agreement, employees engaged to work ordinary hours other than set out in clause 6 of the Agreement will be entitled to overtime in accordance with the relevant underpinning Award.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 9 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Interface Aust Pty Limited applied to the Fair Work Commission for approval of their enterprise agreement, the Interface Aust Pty Limited (Textile and Maintenance) Enterprise Agreement 2019-2022. The application was opposed by the Textile, Garment, Footwear, Apparel and Footwear Manufacturing Union. The dispute arose from concerns regarding the fairness and compliance of the proposed agreement with relevant industrial laws. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it should be approved.

The primary legal issues before the Commission were whether the agreement was a "single, integrated and effective" enterprise agreement as required by the Act, and whether it appropriately balanced the interests of the employer and employees. The Commission considered whether the agreement contained all the necessary terms and conditions, if it was appropriately negotiated, and if it complied with the procedural requirements set out in the legislation. Additionally, the Commission assessed if the agreement provided for fair and reasonable terms for the employees and if it met the standards of procedural fairness.

In its decision, the Fair Work Commission found that the proposed agreement was a single, integrated and effective enterprise agreement. The Commission noted that the agreement was negotiated in good faith and contained all necessary terms and conditions. It concluded that the agreement was fair and reasonable, taking into account the needs and interests of both parties. The Commission further determined that the procedural requirements of the Act were met and that the agreement complied with all relevant provisions. Therefore, the Commission approved the Interface Aust Pty Limited (Textile and Maintenance) Enterprise Agreement 2019-2022.

The final orders of the Fair Work Commission were that the Interface Aust Pty Limited (Textile and Maintenance) Enterprise Agreement 2019-2022 was approved and registered under the Fair Work Act 2009, effective from 1 April 2019. The agreement was to be binding on Interface Aust Pty Limited and the employees covered by the agreement. The Commission's decision effectively resolved the dispute and allowed the parties to proceed with the terms set out in the approved agreement.

Interface Aust Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established