Interface Aust Pty Limited

[2019] FWCA 2407

[2019] FWCA 2407

FAIR WORK COMMISSION

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

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