Pacific Brands Workwear Group Pty Ltd

[2014] FWCA 1386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Brands Workwear Group Pty Ltd
(AG2013/11927)

PACIFIC BRANDS WORKWEAR GROUP PTY LTD T/AS NNT/SHARED APPAREL - TCFUA ENTERPRISE AGREEMENT 2013

Textile industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 26 FEBRUARY 2014

Application for approval of the Pacific Brands Workwear Group Pty Ltd t/as NNT/Shared Apparel - TCFUA Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Brands Workwear Group Pty Ltd t/as NNT/Shared Apparel - TCFUA Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Pacific Brands Workwear Group Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Pacific Brands Workwear Group Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2014. The nominal expiry date of the Agreement is 30 September 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Pacific Brands Workwear Group Pty Ltd, sought the Fair Work Commission's approval of the proposed Enterprise Agreement (EA) with the TCFUA. The agreement related to employees who were part of the shared apparel industry. The matter was brought before the Fair Work Commission to determine whether the EA complied with the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the EA was fairly and genuinely negotiated, and whether it complied with the procedural requirements of the Act. Additionally, the Commission had to consider whether the EA contained any provisions that were contrary to public policy or were otherwise invalid. The applicant needed to demonstrate that the agreement was reached through proper negotiation processes and that it contained no elements that could be deemed contrary to public interest.

The Fair Work Commission examined the evidence provided by the applicant regarding the negotiation process. It was determined that the EA was indeed the result of genuine negotiations between the parties. The Commission also found that the EA met all procedural requirements under the Act and did not contain any provisions that contravened public policy. Therefore, the Commission approved the EA, recognising its compliance with the necessary legal standards.

The Fair Work Commission approved the Enterprise Agreement, allowing it to be implemented as a binding contract between the parties. This decision ensures that the terms and conditions outlined in the EA are legally enforceable, providing a framework for the employment relationship between Pacific Brands Workwear Group Pty Ltd and the TCFUA members.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established