DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Victoria Carpet Company Pty Ltd
(AG2015/5358)

VICTORIA CARPETS BENDIGO - TCFUA ENTERPRISE AGREEMENT 2015

Textile industry
COMMISSIONER ROE	MELBOURNE, 9 SEPTEMBER 2015

Application for approval of the Victoria Carpets Bendigo - TCFUA Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Victoria Carpets Bendigo – TCFUA Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Victoria Carpet Company Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 September 2015 and, in accordance with s.54, will operate from 16 September 2015. The nominal expiry date of the Agreement is 30 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victoria Carpet Company Pty Ltd sought approval for the Victoria Carpets Bendigo - TCFUA Enterprise Agreement 2015 in the Fair Work Commission. The dispute involved the terms and conditions of employment for workers at the company's Bendigo site. The Fair Work Commission was required to determine whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment.

The court had to assess various aspects of the agreement, such as the classification of employees, wage rates, hours of work, and other entitlements. Additionally, the commission needed to consider whether the agreement complied with the Fair Work Act 2009 and any relevant industry awards. The primary issue was whether the agreement met the "better off overall test" and whether it provided for fair and reasonable terms and conditions of employment for the affected workers.

After reviewing the agreement and the submissions from both parties, the Fair Work Commission found that the agreement met the statutory requirements for approval. The commission determined that the agreement provided for fair and reasonable terms and conditions of employment and that it was in the best interests of the employees. The commission also found that the agreement satisfied the "better off overall test," meaning that the employees would be better off under the new agreement than under the existing award or agreement.

The Fair Work Commission approved the Victoria Carpets Bendigo - TCFUA Enterprise Agreement 2015, effective from the date of the decision. The agreement will now govern the terms and conditions of employment for the affected workers at the Bendigo site. Both parties must abide by the terms of the approved agreement, which will remain in force until a new agreement is negotiated or until it is terminated or varied by the Fair Work Commission.

The Victoria Carpet Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established