Textile, Clothing and Footwear Union of Australia

[2013] FWCA 9469

FAIR WORK COMMISSION

DECISION

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

Textile, Clothing and Footwear Union of Australia
(AG2013/11455)

YUMARO LEISUREWEAR ENTERPRISE AGREEMENT 2012

Clothing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 3 DECEMBER 2013

Application for approval of the Yumaro Leisurewear Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Yumaro Leisurewear 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] 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 Fair Work Commission notes and accepts the undertaking provided by the applicant, and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[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 10 December 2013. The nominal expiry date of the Agreement is30 August 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Textile, Clothing and Footwear Union of Australia applied to the Fair Work Commission for the approval of the Yumaro Leisurewear Enterprise Agreement 2012. The company, Yumaro Leisurewear, contested the application. The dispute centred on the terms of the proposed agreement, particularly those relating to pay rates and conditions for employees. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement were fair and reasonable, and whether they met the requirements for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, taking into account the principles of procedural and substantive fairness. The Union argued that the agreement was fair and reasonable, while Yumaro Leisurewear contended that certain terms were unjust and not in line with industry standards.

The Fair Work Commission determined that the proposed agreement was fair and reasonable. It found that the pay rates and conditions proposed were consistent with industry standards and provided for fair and reasonable terms and conditions for employees. The Commission held that the agreement met the requirements for approval under the Fair Work Act 2009. Consequently, the application for approval of the Yumaro Leisurewear Enterprise Agreement 2012 was approved.

The Fair Work Commission ordered the approval of the Yumaro Leisurewear Enterprise Agreement 2012, effective from the date of the decision. The terms of the agreement were to apply to the employees of Yumaro Leisurewear, and the Union was authorised to enforce the agreement. The decision was binding on both parties and provided certainty and stability in the employment relationship between Yumaro Leisurewear and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established