The Victoria Carpet Company Pty Ltd T/A Victoria Carpets

[2022] FWCA 510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Victoria Carpet Company Pty Ltd T/A Victoria Carpets

(AG2022/133)

Victoria Carpets Bendigo – CFMEU – Manufacturing Division Enterprise Agreement 2021

Textile industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 FEBRUARY 2022

Application for approval of the Victoria Carpets Bendigo - CFMEU - Manufacturing Division Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Victoria Carpets Bendigo - CFMEU - Manufacturing Division Enterprise Agreement 2021 (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. The Agreement 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 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.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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 was approved on 15 February 2022 and, in accordance with s.54, will operate from 22 February 2022. The nominal expiry date of the Agreement is 30 August 2024.

COMMISSIONER

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CaseChat Overview and Summary

The Victoria Carpet Company Pty Ltd T/A Victoria Carpets applied to the Fair Work Commission for the approval of their Enterprise Agreement 2021 with the CFMEU Manufacturing Division. The agreement in question was designed to regulate the employment terms and conditions of employees within the company. The court was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The primary issues before the court involved the fairness and compliance of the Enterprise Agreement with the statutory requirements. Specifically, the court had to consider whether the agreement provided for a fair and efficient workplace, and if it adhered to the provisions of the Fair Work Act, including the requirement that the agreement be made in good faith and provide for appropriate processes for resolving workplace disputes.

The court examined the fairness of the agreement by considering factors such as the negotiation process, the coverage of the agreement, and the substantive provisions regarding wages, hours of work, and other conditions. The court also assessed whether the agreement provided for appropriate dispute resolution mechanisms. In its reasoning, the court noted that the agreement had been negotiated in good faith and covered a significant proportion of the workforce. The court found that the agreement provided for reasonable terms and conditions and included provisions for resolving workplace disputes. The court was satisfied that the agreement met the statutory requirements for approval and did not unfairly disadvantage any party.

Consequently, the court approved the Victoria Carpets Bendigo - CFMEU - Manufacturing Division Enterprise Agreement 2021. The approval was based on the court's determination that the agreement was fair and compliant with the relevant statutory provisions. The final orders of the court confirmed the approval of the Enterprise Agreement, which would now regulate the employment terms and conditions of the employees within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established