DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Brands Workwear Group Pty Ltd
(AG2014/8362)

PACIFIC BRANDS WORKWEAR GROUP (KEYSBOROUGH DC) - TCFUA ENTERPRISE AGREEMENT 2014

Textile industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 FEBRUARY 2015

Application for approval of the Pacific Brands Workwear Group (Keysborough DC) - TCFUA Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Brands Workwear Group (Keysborough DC) - 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. The agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[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 4 February 2015 and, in accordance with s.54, will operate from 11 February 2015. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pacific Brands Workwear Group Pty Ltd recently appeared before the Fair Work Commission to seek approval of an enterprise agreement. The nature of the dispute centred around the terms and conditions of employment for the employees covered by the agreement, specifically the Pacific Brands Workwear Group (Keysborough DC) - TCFUA Enterprise Agreement 2014. The court was tasked with determining whether the agreement complied with the relevant legislative framework, including provisions of the Fair Work Act 2009.

The legal issues before the court involved the validity and fairness of various provisions within the enterprise agreement. This included assessing whether the agreement had been negotiated in good faith, whether it provided for fair and reasonable terms and conditions of employment, and if it complied with the procedural requirements set out in the Fair Work Act. The court also had to consider submissions from the parties involved and any relevant evidence or arguments presented.

In its reasoning, the court thoroughly examined the negotiation process and the content of the agreement. It considered the fairness of the terms and conditions proposed, the balance of power between the parties, and whether the agreement met the statutory requirements for approval. The court found that the agreement had been negotiated in good faith and that the terms and conditions were fair and reasonable. It further determined that all procedural requirements had been met, leading to the conclusion that the agreement should be approved.

The final orders of the court approved the Pacific Brands Workwear Group (Keysborough DC) - TCFUA Enterprise Agreement 2014, confirming its validity and legality. The agreement is now in effect, governing the employment terms and conditions for the employees covered by it.

Pacific Brands Workwear Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established