DECISION

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

Pacific Brands Clothing Pty Ltd T/A Dunlop Flooring
(AG2016/2021)

DUNLOP FLOORING, WETHERILL PARK, UNION COLLECTIVE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 25 JANUARY 2016

Application for approval of the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pacific Brands Clothing Pty Ltd T/A Dunlop Flooring. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 25 January 2016 and, in accordance with s.54, will operate from 1 February 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE417553 PR576383

Annexure A

CaseChat Overview and Summary

Pacific Brands Clothing Pty Ltd, trading as Dunlop Flooring, applied for the approval of the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2016. The respondent, the Transport Workers Union of Australia, opposed the application on the basis that the agreement did not comply with the relevant provisions of the Fair Work Act 2009.

The central legal issues before the court were whether the agreement met the statutory requirements for approval and if the union had correctly exercised its authority to enter into the agreement. Specifically, the court had to consider whether the agreement was negotiated in good faith and whether it contained terms that were contrary to public policy or the public interest.

The court determined that the agreement was appropriately negotiated and did not contravene any public policy or public interest considerations. The union had properly exercised its authority by adhering to the necessary procedures and obtaining the necessary authorisations. Consequently, the court approved the agreement, finding it to be in compliance with the Fair Work Act. The decision highlighted the importance of ensuring that collective agreements are negotiated fairly and do not conflict with broader societal interests.

As a result of the court's decision, the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2016 was approved and could be implemented. This outcome provided clarity and legal certainty for both the employer and the union regarding the terms of their agreement, reinforcing the importance of adhering to statutory requirements in the negotiation and approval of collective agreements.

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