Ontera Modular Carpets Pty Ltd Summary

[2014] FWCA 3888

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ontera Modular Carpets Pty Ltd
(AG2014/1282)

ONTERA MODULAR CARPETS PTY LTD ENTERPRISE AGREEMENT 2014

Textile industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 12 JUNE 2014

Application for approval of the Ontera Modular Carpets Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ontera Modular Carpets Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 19 June 2014. The nominal expiry date of the Agreement is 16 January 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ontera Modular Carpets Pty Ltd, applied to the Fair Work Commission for approval of the Ontera Modular Carpets Pty Ltd Enterprise Agreement 2014. The application was made pursuant to section 234 of the Fair Work Act 2009, and the applicant was represented by counsel. The dispute concerned the terms and conditions of employment of the applicant's employees, specifically the proposed changes to their wages, working conditions, and other employment-related matters.

The primary legal issues that the Commission was required to determine were whether the enterprise agreement complied with the requirements of the Fair Work Act, and whether it was in the best interests of the employees. The Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it promoted harmonious, productive, and cooperative workplace relations. The Commission also needed to consider whether the agreement provided for appropriate dispute resolution mechanisms, and whether it was consistent with the relevant awards and other applicable industrial instruments.

The Commission found that the enterprise agreement was compliant with the Fair Work Act and was in the best interests of the employees. The agreement provided for fair and reasonable terms and conditions of employment, and promoted harmonious, productive, and cooperative workplace relations. The Commission was satisfied that the agreement provided for appropriate dispute resolution mechanisms, and was consistent with the relevant awards and other applicable industrial instruments. The Commission also noted that the agreement had been negotiated in good faith and was supported by the majority of the employees.

The Commission approved the Ontera Modular Carpets Pty Ltd Enterprise Agreement 2014, and made an order accordingly. The order was effective from the date of the Commission's decision and was to remain in force until such time as it was varied or replaced by a new enterprise agreement. The applicant was required to take all necessary steps to give effect to the approved agreement, and to ensure that its employees were aware of the terms and conditions of their employment as set out in the agreement.

Ontera Modular Carpets Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established