TD Noone Clothing Pty Ltd

[2024] FWCA 1968

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

TD Noone Clothing Pty Ltd

(AG2024/1748)

TD NOONE CLOTHING PTY LTD AND CFMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2023

Textile industry
DEPUTY PRESIDENT DEAN	CANBERRA, 30 MAY 2024

Application for approval of the TD Noone Clothing Pty Ltd and CFMEU - Manufacturing Division Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the TD Noone Clothing Pty Ltd and CFMEU - Manufacturing Division Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TD Noone Clothing Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry and Maritime Employees Union, being bargaining representatives for the Agreement, have given notices under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

TD Noone Clothing Pty Ltd, an employer in the retail clothing industry, sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) - Manufacturing Division. The application was made under the Fair Work Act 2009, and the matter was heard by the Fair Work Commission. The dispute centred on whether the agreement met the legal requirements for approval under the Act, specifically whether it provided for the proper operation of businesses, included appropriate dispute resolution mechanisms, and adhered to procedural fairness principles.

The court had to determine whether the agreement was appropriately negotiated, if it contained the necessary procedural safeguards, and if it complied with the statutory provisions regarding the protection of employees' rights. The primary issue was whether the agreement met the standard set by the Fair Work Act, ensuring that it was fair and balanced, and did not unduly disadvantage any party. Additionally, the court considered the fairness of the dispute resolution processes outlined in the agreement.

The Fair Work Commission examined the negotiation process, the content of the agreement, and the compliance with statutory obligations. The Commission concluded that the agreement was appropriately negotiated, as both parties had demonstrated good faith and provided evidence of a genuine attempt to reach a resolution. The agreement was found to contain suitable dispute resolution mechanisms and adhered to procedural fairness principles. Furthermore, the Commission found that the agreement was consistent with the requirements of the Fair Work Act, and did not compromise the proper operation of businesses or the rights of employees.

The Fair Work Commission approved the TD Noone Clothing Pty Ltd and CFMEU - Manufacturing Division Enterprise Agreement 2023, confirming its compliance with the statutory provisions of the Fair Work Act. The Commission determined that the agreement was fairly negotiated, contained appropriate dispute resolution mechanisms, and complied with the necessary procedural safeguards. The decision was made in accordance with the principles of fairness and the protection of employees' rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established