TB-Kawashima Australia Pty Ltd Summary

[2013] FWCA 3398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TB-Kawashima Australia Pty Ltd
(AG2013/5911)

TB KAWASHIMA AUSTRALIA ENTERPRISE AGREEMENT 2012

Textile industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 29 MAY 2013

Application for approval of the TB Kawashima Australia Enterprise Agreement 2012.

[1] An application has been made for the approval of an enterprise agreement known as the TB Kawashima Australia Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application until the actual date of lodgement.

[3] Undertakings have been provided by TB-Kawashima Australia Pty Ltd in relation to the rate of pay for employees at Skill Level 2, the procedure for the resolution of disputes, and the payment of allowances. The undertakings have been attached to the Agreement and will be taken to be terms of the Agreement pursuant to s.191 of the Act.

[4] It is noted that the Agreement does not contain a consultation term that complies with s.205 of the Act. In accordance with s.205(2), the Agreement shall be taken to include the model consultation term set out in Schedule 2.3 of the Fair Work Regulations 2009.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2013. The nominal expiry date of the Agreement is 29 May 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

TB-Kawashima Australia Pty Ltd was the subject of an application for the approval of the TB Kawashima Australia Enterprise Agreement 2012. The applicant, TB-Kawashima Australia, sought the approval of the enterprise agreement under the Fair Work Act 2009. The nature of the dispute centred around the terms and conditions of employment as outlined in the proposed agreement, which aimed to regulate the relationship between the employer and its employees.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act. The court had to consider if the agreement met the criteria for "better off overall" as well as whether it contained the mandatory terms prescribed by the Act. Additionally, the court needed to ensure that the agreement had been fairly negotiated and that the process for its approval was in accordance with the legislative framework.

The court found that the enterprise agreement did indeed meet all the necessary statutory requirements. The terms of the agreement were considered to be fair and balanced, ensuring that the employees were better off overall. The court was satisfied that the negotiation process was genuine and that the agreement contained all the mandatory terms as required by the Fair Work Act. Consequently, the court approved the TB Kawashima Australia Enterprise Agreement 2012.

TB-Kawashima Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established