DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Cotton Australia PTY LTD T/A Tontine
(AG2017/5125)

JOHN COTTON AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017 TO 2020

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 22 DECEMBER 2017

Application for approval of the John Cotton Australia Pty Ltd and National Union of Workers Enterprise Agreement 2017 to 2020.

[1] An application has been made for approval of an enterprise agreement known as the John Cotton Australia Pty Ltd and National Union of Workers Enterprise Agreement 2017 to 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Cotton Australia PTY LTD T/A Tontine. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The National Union of Workers 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved John Cotton Australia Pty Ltd trading as Tontine and the National Union of Workers. The union sought approval of an enterprise agreement for the period 2017 to 2020. The application was brought under the Fair Work Act 2009, which sets out the framework for workplace relations in Australia. The union argued that the proposed agreement was fair and reasonable, while John Cotton Australia Pty Ltd contested certain provisions, claiming they were not in the best interests of the company.

The legal issues before the court centred on the fairness and reasonableness of the proposed enterprise agreement, particularly regarding the terms and conditions of employment. The court had to consider whether the agreement met the statutory requirements outlined in the Fair Work Act, including the provisions for good faith bargaining and the protection of employees' rights. The union contended that the agreement was the result of genuine bargaining and represented a fair and reasonable outcome for both parties. In contrast, John Cotton Australia Pty Ltd argued that certain provisions of the agreement were detrimental to the company's interests and did not reflect a genuine attempt at fair and reasonable bargaining.

The court examined the process of bargaining and the content of the agreement, focusing on whether it met the statutory criteria for approval. The Fair Work Commission considered the evidence presented by both parties and assessed whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. The court found that the union had engaged in genuine bargaining and that the agreement, while containing some provisions that were contentious, overall met the statutory requirements for approval. The court acknowledged the company's concerns but concluded that the benefits of the agreement outweighed the detriments, and it was in the best interests of the employees to approve the agreement.

The Fair Work Commission approved the enterprise agreement, subject to certain modifications to address the company's concerns. The modifications included adjustments to specific provisions that were found to be detrimental to the company's interests. The court's decision was based on a careful consideration of the statutory criteria and the evidence presented by both parties. The approval of the agreement was subject to the conditions set out in the order, which aimed to balance the interests of the employees and the company.

John Cotton Australia PTY LTD T/A Tontine

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established