Textile, Clothing and Footwear Union of Australia

[2013] FWCA 531

[2013] FWCA 531

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Textile, Clothing and Footwear Union of Australia
(AG2012/14461)

BLUNDSTONE AUSTRALIA PTY LTD (HOBART SITE) - TCFUA ENTERPRISE AGREEMENT 2012

Clothing industry
COMMISSIONER ROBERTS	SYDNEY, 23 JANUARY 2013

Application for approval of the Blundstone Australia Pty Ltd (Hobart Site) - TCFUA Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Blundstone Australia Pty Ltd (Hobart Site) - TCFUA Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Textile, Clothing and Footwear Union of Australia (the TCFUA). 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 to the actual date of lodgement.

[3] On 22 January 2013 an undertaking was provided by the Chief Executive Officer of Blundstone Australia Pty Ltd (the Company), Mr S Gunn, in relation to clause 7 (Individual Flexibility Arrangement) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. The undertaking is taken to be a term of the agreement and a copy is attached to this decision at Annexure A.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The TCFUA, 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) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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Annexure A