DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Michell Wool Pty Ltd
(AG2018/5760)

MICHELL WOOL PTY LTD ENTERPRISE AGREEMENT 2018-2021

Clothing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 FEBRUARY 2019

Application for approval of the Michell Wool Pty Ltd Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Michell Wool Pty Ltd Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Michell Wool Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 25 February 2019 and, in accordance with s.54, will operate from 4 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Michell Wool Pty Ltd was the subject of an application for approval of its enterprise agreement 2018-2021. The application was made by the company, and the matter was heard in the Fair Work Commission. The applicant sought approval of the agreement under the Fair Work Act 2009. The nature of the dispute was whether the agreement met the requirements of the Act and was therefore eligible for registration.

The legal issues before the Commission related to the process for approving the enterprise agreement, the content of the agreement itself, and whether it provided for fair and reasonable terms and conditions of employment. Specifically, the Commission had to consider whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms and conditions of employment. The Commission also had to consider whether the agreement met the requirements of the Fair Work Act in terms of providing for a fair and efficient workplace.

The Commission found that the agreement was genuinely negotiated and met the requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it did not contain any terms that were contrary to public policy or that would have an adverse effect on the workplace. The Commission also found that the agreement provided for a fair and efficient workplace and that it was in the best interests of the employees and the employer. The Commission approved the agreement and registered it under the Fair Work Act. The employer was directed to give a copy of the agreement to each employee and to display a copy of the agreement in a prominent place at the workplace.

Michell Wool Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established