The Victoria Carpet Company Pty Ltd T/A Victoria Carpets

[2025] FWCA 423

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The Victoria Carpet Company Pty Ltd T/A Victoria Carpets

(AG2025/188)

VICTORIA CARPETS DANDENONG CFMEU – MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER REDFORD	MELBOURNE, 7 FEBRUARY 2025

Application for approval of the Victoria Carpets Dandenong CFMEU – Manufacturing Division Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Victoria Carpets Dandenong CFMEU – Manufacturing Division Enterprise Agreement 2024 (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 T/A Victoria Carpets (Victoria Carpets). The Agreement is a single enterprise agreement.

In response to a query I raised, Victoria Carpets confirmed that it is intended that the Textile, Clothing, Footwear and Associated Industries Modern Award 2020 (the Award) form part of the Agreement, its provisions operating as terms of the Agreement. A copy of the Award was made available to employees during the period prior to their having been asked to approve the Agreement. An Attachment to the Agreement – “Attachment A” - is intended to include the text of the Award, however this appears to have been omitted. Pursuant to s 218A of the Act, I will vary the Agreement to include the text of the Award at Attachment A, after having sought the views of the bargaining representatives about this proposition, who agreed with it.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union - Manufacturing Division Union (CFMEU) 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 CFMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victoria Carpet Company Pty Ltd, trading as Victoria Carpets, sought approval for the Victoria Carpets Dandenong CFMEU – Manufacturing Division Enterprise Agreement 2024. The application was made to the Fair Work Commission (FWC) under section 231 of the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the requirements of the Act and was in the best interests of the employees.

The key legal issues before the FWC were whether the agreement contained all the prescribed terms, adhered to the procedural fairness, and whether it provided fair and reasonable terms for the employees. Additionally, the FWC needed to determine if the agreement promoted high-performance workplace practices and encouraged productivity and efficiency in the workplace. The FWC also needed to consider whether the agreement appropriately balanced the rights and interests of both employers and employees.

In reaching its decision, the FWC carefully reviewed the proposed agreement, taking into account the evidence and submissions from both parties. The Commission found that the agreement contained all the necessary prescribed terms and had been negotiated in good faith. It was determined that the agreement was fair and reasonable for the employees and provided for effective workplace practices. The FWC concluded that the agreement was in the best interests of the employees and approved the Victoria Carpets Dandenong CFMEU – Manufacturing Division Enterprise Agreement 2024.

The final orders of the FWC were that the proposed enterprise agreement be approved as a registered agreement under section 184 of the Fair Work Act 2009. This approval was subject to the agreement being registered by the Commission and the subsequent publication of the agreement in the Commonwealth Gazette. The parties were directed to take all necessary steps to ensure the agreement was registered within the stipulated timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established