DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Milliken (Australia) Pty Ltd T/A Ontera: A Milliken Company
(AG2016/3117)

MILLIKEN (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2016

Textile industry
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the Milliken (Australia) Pty Ltd ENTERPRISE AGREEMENT 2016.

[1] An application has been made for approval of an enterprise agreement known as the Milliken (Australia) Pty Ltd ENTERPRISE AGREEMENT 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Milliken (Australia) Pty Ltd T/A Ontera: A Milliken Company. 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] 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.

[4] The Textile, Clothing and Footwear Union of Australia 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.

[5] The Agreement was approved on 22 June 2016 and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 16 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Milliken (Australia) Pty Ltd T/A Ontera: A Milliken Company was a party to an application for approval of an enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission (FWC). The other parties involved in the dispute were the relevant union and the employees covered by the proposed agreement. The dispute centred around the terms and conditions outlined in the Milliken (Australia) Pty Ltd Enterprise Agreement 2016, and whether these terms complied with the requirements of the Fair Work Act and the principles of procedural fairness.

The legal issues that the FWC had to decide included whether the agreement met the threshold for being a “single interest” enterprise agreement, whether the agreement was made in good faith, and if the procedural fairness was observed during the bargaining process. Additionally, the FWC considered whether the agreement provided for appropriate mechanisms for resolving disputes, and if the terms and conditions of the agreement were consistent with the national minimum safety net.

The FWC found that the agreement was a single interest enterprise agreement and was made in good faith. The Commission was satisfied that the procedural fairness was observed during the bargaining process. The FWC considered that the agreement provided for appropriate mechanisms for resolving disputes and that the terms and conditions of the agreement were consistent with the national minimum safety net. As a result, the FWC approved the Milliken (Australia) Pty Ltd Enterprise Agreement 2016.

Milliken (Australia) Pty Ltd T/A Ontera: A Milliken Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established