The Victoria Carpet Company Pty Ltd T/A Victoria Carpets

[2022] FWCA 508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Victoria Carpet Company Pty Ltd T/A Victoria Carpets

(AG2022/132)

Victoria Carpets Dandenong - CFMEU - Manufacturing Division Enterprise Agreement 2021

Textile industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 FEBRUARY 2022

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

An application has been made for approval of an enterprise agreement known as the Victoria Carpets Dandenong - 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Victoria Carpet Company Pty Ltd trading as Victoria Carpets, to seek approval of the Victoria Carpets Dandenong - CFMEU - Manufacturing Division Enterprise Agreement 2021. The application was brought under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The applicant sought to have the agreement registered and made enforceable as an approved enterprise agreement. The dispute centred around the validity and enforceability of the agreement, particularly in light of the provisions of the Fair Work Act and the requirements for such agreements under the Act.

The primary legal issues before the court were whether the agreement complied with the legislative requirements for enterprise agreements, including provisions regarding employee representation, coverage, and the process of negotiation. The court had to determine whether the agreement was fairly and genuinely negotiated, and if it contained the necessary provisions such as minimum terms and conditions, and if it was appropriate to be made binding on the employees. Additionally, the court examined whether the agreement was in accordance with the provisions of the Fair Work Act, including the requirements for the process of negotiation and the protection of employees' rights.

The court examined the evidence provided by both parties, including submissions from the applicant and the relevant union. The court assessed the process of negotiation, the content of the agreement, and the compliance with statutory requirements. The court determined that the agreement was fairly and genuinely negotiated, and it contained all the necessary provisions as required by the Fair Work Act. The court found that the agreement was made in good faith and it was appropriate to be made binding on the employees. The court approved the agreement and made it enforceable as an approved enterprise agreement.

The final orders of the court were that the Victoria Carpets Dandenong - CFMEU - Manufacturing Division Enterprise Agreement 2021 be approved and registered as an approved enterprise agreement. The agreement was to be in force from the date of the court's approval and would be binding on the employees covered by the agreement. The court's decision provided clarity and legal certainty for both the employer and the employees, and it resolved the dispute regarding the validity and enforceability of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established