DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2014/10442)

RIP CURL (AUSTRALIA) PTY LTD (WETSUIT) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 FEBRUARY 2015

Application for approval of the Rip Curl (Australia) Pty Ltd (wetsuit) & National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Rip Curl (Australia) Pty Ltd (wetsuit) & National Union of Workers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by National Union of Workers (NUW). The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the National Union of Workers (NUW) with respect to these undertakings and the NUW has supported the undertakings.

[4] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 10 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, the National Union of Workers applied for approval of the Rip Curl (Australia) Pty Ltd (wetsuit) & National Union of Workers Enterprise Agreement 2014. The dispute centred around the conditions of employment for workers in the wetsuit manufacturing industry, specifically focusing on issues such as wages, working hours, and other employment terms. The Fair Work Commission was tasked with assessing whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission had to decide included whether the agreement was made in good faith, whether it provided for a direct and clear expression of the terms and conditions of employment, and if it complied with the provisions of the Fair Work Act. The Commission also needed to determine if the agreement met the “better off overall test,” ensuring that no employee would be worse off as a result of the agreement.

The Commission found that the agreement was made in good faith and that it clearly expressed the terms and conditions of employment. The agreement also passed the better off overall test, as it provided for improvements in various aspects, such as wage increases, better leave provisions, and more favourable shift arrangements. The Commission was satisfied that the agreement complied with the Fair Work Act and approved the Rip Curl (Australia) Pty Ltd (wetsuit) & National Union of Workers Enterprise Agreement 2014. The final orders included the approval of the enterprise agreement, which would now govern the employment conditions of workers in the wetsuit manufacturing industry for Rip Curl (Australia) Pty Ltd.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established