Pacific Brands Clothing Pty Ltd T/A Dunlop Flooring

[2015] FWCA 4589

[2015] FWCA 4589

FAIR WORK COMMISSION

DECISION

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

Pacific Brands Clothing Pty Ltd T/A Dunlop Flooring
(AG2015/2950)

DUNLOP FLOORING, SUNSHINE, UNION COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 7 JULY 2015

Application for approval of the Dunlop Flooring, Sunshine, Union Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dunlop Flooring, Sunshine, Union Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Pacific Brands Clothing Pty Ltd T/A Dunlop Flooring. The Agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[4] 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. 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, will operate from 14 July 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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<Price code G, AE414677  PR569153>

Appendix A

Level 1,

1096 Toorak Road, Hartwell, Victoria 3124

Phone + 61 3 9947 4900

Fax + 61 3 9947 4951 pacificbrands.com.au

3 July 2015

Commissioner Ryan

11 Exhibition Street

Melbourne VIC 3000

Dear Commissioner,

Re: AG2015/2950 – Dunlop Flooring, Sunshine, Union Collective Agreement 2015

Further to your correspondence outlining two issues in relation to the content of the above Agreement, please find our response outlined below:

In relation to Clause 11.2.6, we confirm our intent for this clause to be read “agreed hours” rather than “ordinary hours” to avoid any ambiguity in relation to Clause 24 Hours of Work.

In relation to Clause 15.1.9, we wish to formally advise the Fair Work Commission that Dunlop Flooring undertakes that the provision in clause 15.1.9 will not operate unless there is specific consent from the employee to the deduction. We trust that this undertaking meets the requirements that you are seeking in relation to s.326 of the Fair Work Act.

Regards,

Sandra Blackburn

Group General Manager, Human Resources

Pacific Brands Limited ABN 64 106 773 059