DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Milliken (Australia) Pty Ltd
(AG2017/4729)

MILLIKEN (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2017

Textile industry
COMMISSIONER JOHNS	MELBOURNE, 29 MARCH 2018

Application for approval of the Milliken (Australia) Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Milliken (Australia) Pty Ltd Enterprise Agreement 2017 (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. 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] 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 is approved and, in accordance with s.54 of the Act, will operate from 5 April 2018. The nominal expiry date of the Agreement is 16 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Milliken (Australia) Pty Ltd was involved in an application to the Fair Work Commission for the approval of the Milliken (Australia) Pty Ltd Enterprise Agreement 2017. The dispute centred around whether the agreement met the necessary criteria under the Fair Work Act 2009, specifically concerning the process through which the agreement was made and the fairness of its terms. The matter was heard in the Fair Work Commission, the body responsible for overseeing the approval of enterprise agreements in Australia.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act, and whether the terms of the agreement were fair. The Commission needed to determine if the agreement was genuinely negotiated and if it contained terms that were fair and reasonable, taking into account the interests of both employees and the employer. Additionally, the Commission had to consider whether the agreement complied with the ‘better off overall test’ and if it covered all the mandatory topics as required by the Act.

In examining the evidence, the Commission found that the negotiation process adhered to the procedural requirements of the Act. The evidence demonstrated that the agreement was genuinely negotiated between the parties and that it included terms that were fair and reasonable. The Commission was satisfied that the agreement met the ‘better off overall test’ and that it covered all the mandatory topics as required by the Act. Consequently, the Commission approved the Milliken (Australia) Pty Ltd Enterprise Agreement 2017, confirming that it met the necessary legal standards for approval. The approval of the agreement allows it to come into effect and bind the parties involved, ensuring that the terms of employment are governed by the provisions outlined within the agreement.

Milliken (Australia) 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