DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Interface Aust Pty Limited
(AG2015/4878)

INTERFACE AUST PTY LIMITED (TEXTILE AND MAINTENANCE) ENTERPRISE AGREEMENT 2015 - 2018

Textile industry
COMMISSIONER ROE	MELBOURNE, 11 SEPTEMBER 2015

Application for approval of the Interface Aust Pty Limited (Textile and Maintenance) Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Interface Aust Pty Limited (Textile and Maintenance) Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Interface Australia Pty Limited. 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 and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 11 September 2015 and, in accordance with s.54, will operate from 18 September 2015. The nominal expiry date of the Agreement is 1 August 2018.

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 an enterprise agreement, which was contested by the Australian Manufacturing Workers' Union. The dispute centred on the fairness and compliance of the agreement with the Fair Work Act 2009. The Commission had to determine whether the agreement met the requirements for approval under the Act, including ensuring it provided for fair terms and conditions.

The primary legal issues revolved around whether the agreement was genuinely negotiated, whether it contained terms that were fair and reasonable, and if it complied with the statutory obligations set out in the Fair Work Act. The court also examined whether the agreement provided for procedural fairness and whether it appropriately dealt with the employees' interests.

The Commission found that the agreement was genuinely negotiated and contained fair and reasonable terms. It was determined that the agreement did not unfairly disadvantage any employee and complied with all statutory requirements. The Commission approved the agreement, emphasising its procedural fairness and the thoroughness of the negotiation process. The Commission’s approval was based on the evidence that the agreement was fair and met all necessary legislative criteria.

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