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

Printed by authority of the Commonwealth Government Printer

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

CaseChat Overview and Summary

Pacific Brands Clothing Pty Ltd, trading as Dunlop Flooring, applied to the Fair Work Commission for the approval of the Dunlop Flooring, Sunshine, Union Collective Agreement 2015. The application was made under section 234 of the Fair Work Act 2009. The dispute arose from negotiations between the employer and the union, which had failed to reach an agreement on certain terms and conditions of employment.

The central legal issue before the Commission was whether the terms of the proposed agreement met the requirements of the Act, specifically whether it complied with the provisions relating to good faith bargaining and the avoidance of industrial action. The Commission needed to determine if the agreement was fairly negotiated and if it contained terms that were not unduly harsh, unreasonable, or discriminatory. Additionally, the Commission considered whether the agreement facilitated a fair and efficient workplace while avoiding unnecessary industrial disputes.

In delivering its decision, the Fair Work Commission examined the process of negotiations, the content of the proposed agreement, and its compliance with the legislative framework. The Commission found that the agreement was the product of good faith bargaining and did not contain any terms that were unduly harsh, unreasonable, or discriminatory. It was noted that the agreement provided a balanced approach to the needs of both the employer and the employees, promoting a productive and harmonious workplace. The Commission approved the Dunlop Flooring, Sunshine, Union Collective Agreement 2015, finding it to be fair and reasonable.

As a result of the approval, the Dunlop Flooring, Sunshine, Union Collective Agreement 2015 is now legally binding on the parties, providing a framework for the terms and conditions of employment for the union members. The approval ensures that the agreement supports a fair and efficient workplace, as well as avoiding unnecessary industrial disputes. The Commission's decision reinforces the importance of good faith bargaining and the need for collective agreements to comply with the legislative requirements set out in the Fair Work Act 2009.

Pacific Brands Clothing Pty Ltd T/A Dunlop Flooring

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established