DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Textile, Clothing and Footwear Union of Australia
(AG2014/10384)

GEOFABRICS AUSTRALASIA PTY LTD ALBURY MANUFACTURING UNION COLLECTIVE AGREEMENT, 2014

Clothing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 7 JANUARY 2015

Application for approval of the Geofabrics Australasia Pty Ltd Albury Manufacturing Union Collective Agreement, 2014.

[1] An application has been made for approval of an enterprise agreement known as the Geofabrics Australasia Pty Ltd Albury Manufacturing Union Collective Agreement, 2014 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 14 January 2015. The nominal expiry date of the Agreement is 14 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Textile, Clothing and Footwear Union of Australia applied for the approval of the Geofabrics Australasia Pty Ltd Albury Manufacturing Union Collective Agreement, 2014. The respondent, Geofabrics Australasia Pty Ltd, opposed the application, citing concerns about the agreement's provisions and its potential impact on their business operations. The case was heard by Commissioner D.C. Johnson, who had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the court was whether the collective agreement satisfied the necessary criteria for approval as prescribed by the Fair Work Act. This involved examining the agreement's compliance with the statutory requirements, including whether it addressed minimum terms and conditions of employment, and whether it was free from prohibited content. Additionally, the court needed to assess whether the agreement was made in good faith and whether it provided for a genuine bargaining process.

Commissioner D.C. Johnson found that the collective agreement met all statutory requirements for approval. The Commissioner noted that the agreement contained all the prescribed minimum terms and conditions, was free from prohibited content, and had been negotiated in good faith. Furthermore, the Commissioner was satisfied that the bargaining process was genuine, as evidenced by the union's and the employer's engagement in discussions and negotiations. As a result, the application for approval was successful.

The Fair Work Commission approved the Geofabrics Australasia Pty Ltd Albury Manufacturing Union Collective Agreement, 2014, effective from the date of the decision. The Commissioner's decision was based on the agreement's compliance with the statutory requirements and the genuineness of the bargaining process. The approval ensures that the terms and conditions outlined in the agreement are legally binding on the parties involved.

Textile, Clothing and Footwear Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established