Pacific Brands Workwear Group Pty Ltd T/A Workwear Group

[2015] FWCA 1698

[2015] FWCA 1698

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Brands Workwear Group Pty Ltd T/A Workwear Group
(AG2015/2061)

C.T.E PTY LTD - TCFUA ENTERPRISE AGREEMENT 2014

Clothing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 MARCH 2015

Application for approval of the C.T.E. Pty Ltd - TCFUA Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the C.T.E. Pty Ltd - TCFUA Enterprise 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 Workwear Group Pty Ltd T/A Workwear Group The agreement is a single enterprise agreement.

[2] The notice of employee representational rights issued by the Applicant to employees of Pacific Brands Workwear Group Pty Ltd T/A Workwear Group did not strictly comply with the prescribed form as required under s. 174 of the Act. This is because it referred to “Fair Work Australia” instead of “Fair Work Commission”. It is obvious that the Applicant had used the form approved prior to 1 January 2013. I am however satisfied that s. 25B of the Acts Interpretation Act 1901 applies to the notice with the consequence that reference to “Fair Work Australia” is taken to be of reference to “Fair Work Commission”. The provisions of s. 174 do not express a contrary intention which would have the result that s. 25B not apply. In the circumstances I am also satisfied the issuing of the notice in the form pre-2013 did not have any effect on the employee’s rights to appoint a bargaining representative.

[3] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 March 2015 and, in accordance with s.54, will operate from 20 March 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

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