The Victoria Carpet Company Pty Ltd

[2013] FWCA 298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Victoria Carpet Company Pty Ltd
(AG2012/13023)

VICTORIA CARPETS CASTLEMAINE - TCFUA ENTERPRISE AGREEMENT 2012

Textile industry
COMMISSIONER LEE	MELBOURNE, 16 JANUARY 2013

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

[1] An application has been made for approval of a single enterprise agreement known as the Victoria Carpets Castlemaine - 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

In the case of The Victoria Carpet Company Pty Ltd, the Fair Work Commission was called upon to approve the Victoria Carpets Castlemaine - TCFUA Enterprise Agreement 2012. The application for approval was brought by the employer, Victoria Carpet Company Pty Ltd, and opposed by the TCFUA. The dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement.

The central legal issues that the Commission had to address were whether the agreement provided for the proper classification and remuneration of employees, and if it complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement was made in good faith, if it contained the necessary minimum entitlements, and if it adhered to the procedural requirements for the negotiation and making of an enterprise agreement.

The Commission, after considering the submissions from both parties, found that the agreement was made in good faith and contained all the necessary minimum entitlements as prescribed by the Fair Work Act. The Commission also determined that the procedural requirements for the negotiation and making of the agreement were satisfied. Therefore, the Commission approved the enterprise agreement, concluding that it met the statutory criteria for approval.

The final orders of the Commission included the approval of the Victoria Carpets Castlemaine - TCFUA Enterprise Agreement 2012, which now forms the basis for the employment conditions of the employees covered by the agreement. This decision confirms the validity and enforceability of the terms within the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established