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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pacific Brands Workwear Group Pty Ltd, trading as Workwear Group, brought an application before the Fair Work Commission for approval of the C.T.E. Pty Ltd - TCFUA Enterprise Agreement 2014. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicants sought to have the agreement certified as meeting the conditions for lawful operation, which includes ensuring that it does not undermine the provisions of the Fair Work Act designed to promote better industrial relations.

The legal issues before the Commission involved assessing the agreement against the relevant statutory provisions. Specifically, the Commission had to determine if the agreement provided for a modern award, if it met the requirements for a streamlined process, and whether it complied with the procedural fairness and good faith bargaining principles. The Commission also had to ensure that the agreement did not contravene the provisions of the Fair Work Act that protect employees from unjust treatment.

In its decision, the Commission found that the agreement was consistent with the statutory requirements and adhered to the principles of procedural fairness and good faith bargaining. The Commission noted that the agreement provided for a modern award and met the criteria for a streamlined process. Furthermore, the Commission was satisfied that the agreement did not contain any provisions that would undermine the provisions of the Fair Work Act. Consequently, the Commission approved the C.T.E. Pty Ltd - TCFUA Enterprise Agreement 2014, finding it to be a lawful and fair agreement.

The Fair Work Commission's approval of the agreement was based on its compliance with the statutory requirements and the principles of procedural fairness and good faith bargaining. The Commission's decision highlighted the importance of ensuring that enterprise agreements do not contravene the protections provided by the Fair Work Act. The approval of the agreement will now allow it to be registered, and it will operate as a legally binding instrument governing the employment conditions of the parties involved.

Pacific Brands Workwear Group Pty Ltd T/A Workwear Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established