Pacific Brands Holding Pty Ltd Summary

[2014] FWCA 237

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Brands Holding Pty Ltd
(AG2014/4)

DUNLOP FLOORING, WETHERILL PARK, UNION COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 9 JANUARY 2014

Application for approval of the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2014.

An application has been made for approval of a single-enterprise agreement known as the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2014 (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 Pty Ltd (the Applicant). I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[1] The National Union of Workers, the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[2] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2014. The nominal expiry date of the Agreement is 31 December 2015.

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CaseChat Overview and Summary

Pacific Brands Holding Pty Ltd, a party to a collective agreement, applied to the Fair Work Commission for approval of the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2014. The agreement in question was negotiated between the company and a union, and the application was made under the Fair Work Act 2009. The union represented employees of Pacific Brands Holding Pty Ltd at the Dunlop Flooring, Wetherill Park site, and the agreement concerned various employment conditions.

The central legal issue before the commission was whether the terms of the collective agreement met the statutory requirements for approval. Specifically, the commission needed to determine if the agreement complied with the provisions of the Fair Work Act 2009, including whether it covered protected industrial action, enterprise bargaining, and other specified matters. Additionally, the commission had to ensure that the agreement did not unfairly disadvantage any party and that it was made in good faith.

In delivering its decision, the commission examined the provisions of the agreement and considered the submissions made by both parties. The commission found that the agreement did not contain any terms that were inconsistent with the Fair Work Act 2009 and did not unfairly disadvantage any party. The commission also found that the agreement was made in good faith and met all the necessary statutory requirements. Consequently, the commission approved the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2014.

The final orders of the commission were that the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement would then be applicable to the employees represented by the union at the Dunlop Flooring, Wetherill Park site, and the terms of the agreement would govern their employment conditions.

Pacific Brands Holding Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established