The Victoria Carpet Company Pty Ltd T/A Victoria Carpets Summary

[2025] FWCA 12

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Victoria Carpet Company Pty Ltd T/A Victoria Carpets

(AG2024/4931)

VICTORIA CARPETS BENDIGO-CFMEU-MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2024

Textile industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 2 JANUARY 2025

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

The Victoria Carpet Company Pty Ltd has applied for approval of an enterprise agreement known as the Victoria Carpets Bendigo-CFMEU-Manufacturing Division Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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 Construction Foresty and Maritime Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 January 2024. The nominal expiry date of the Agreement is 30 August 2027.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victoria Carpet Company Pty Ltd, trading as Victoria Carpets, applied for approval of the Enterprise Agreement 2024 with the CFMEU- Manufacturing Division. The application was heard by the Fair Work Commission, which has jurisdiction over matters relating to workplace agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the requirements for approval under the Act, specifically focusing on the procedural fairness and the provision of necessary information to the employees.

The key legal issues revolved around whether the necessary consultation process had been properly conducted and whether all relevant information had been disclosed to the employees. The union and the company had to demonstrate that the agreement was made in good faith and that all procedural requirements had been met. The court had to determine whether the process followed was fair and whether all stakeholders were adequately informed and involved in the negotiation process.

The Fair Work Commission found that the consultation process had been conducted in accordance with the requirements of the Act. The Commission was satisfied that all relevant information had been provided to the employees and that the process was fair. The agreement was found to be made in good faith, and all procedural requirements were met. Consequently, the Commission approved the Enterprise Agreement 2024, confirming its compliance with the statutory framework.

As a result of the decision, the Enterprise Agreement 2024 was approved and will now be binding on the parties. This outcome ensures that the agreement can be implemented, and the terms and conditions outlined within it will govern the employment relationship between the company and its employees.

The Victoria Carpet Company Pty Ltd T/A Victoria Carpets

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established