The Victoria Carpet Company Pty Ltd

[2013] FWCA 297

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Victoria Carpet Company Pty Ltd
(AG2012/13024)

VICTORIA CARPETS BENDIGO - TCFUA ENTERPRISE AGREEMENT 2012

Textile industry
COMMISSIONER LEE	MELBOURNE, 16 JANUARY 2013

Application for approval of the Victoria Carpets Bendigo - TCFUA Enterprise Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the Victoria Carpets Bendigo - TCFUA Enterprise Agreement 2012 (the Agreement). The application was made by The Victoria Carpet Company Pty Ltd pursuant to section 185 of the Fair Work Act 2009 (the Act).

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

[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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 23 January 2013. The nominal expiry date of the Agreement is 30 August 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victoria Carpet Company Pty Ltd was the subject of an application to the Fair Work Commission for approval of the Victoria Carpets Bendigo - TCFUA Enterprise Agreement 2012. The dispute arose when the company sought to implement changes to the terms and conditions of employment for its employees. The application was brought before the Commission by the company, who sought to have the agreement approved as a modern award.

The primary legal issues before the Commission were whether the proposed changes to the enterprise agreement complied with the relevant legislative requirements and whether the agreement was made in good faith. The Commission had to consider whether the agreement provided for the proper regulation of terms and conditions of employment, and whether the agreement was made in accordance with the applicable provisions of the Fair Work Act 2009.

In considering the application, the Commission found that the proposed changes to the enterprise agreement were in line with the legislative requirements. The Commission also found that the agreement was made in good faith and provided for the proper regulation of terms and conditions of employment. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both the employees and the employer.

As a result of its findings, the Commission approved the Victoria Carpets Bendigo - TCFUA Enterprise Agreement 2012. The agreement will now be registered as a modern award, and will apply to the employees covered by the agreement. The approval of the agreement provides certainty for both the employer and the employees, and ensures that the terms and conditions of employment are regulated in a fair and reasonable manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established