DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Victoria Carpet Company Pty Ltd T/A Victoria Carpets
(AG2018/7381)

VICTORIA CARPETS DANDENONG - CFMEU ENTERPRISE AGREEMENT 2018

Textile industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 MARCH 2019

Application for approval of the Victoria Carpets Dandenong - CFMEU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Victoria Carpets Dandenong - CFMEU Enterprise Agreement 2018 (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.

[2] 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.

[3] The Agreement lodged contained referencing errors at clauses 29, 30 and 34. On 20 March 2019, the parties filed an amended version of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Construction, Forestry, Maritime, Mining and Energy 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.

[5] The Agreement was approved on 21 March 2019 and, in accordance with s.54, will operate from 28 March 2019. The nominal expiry date of the Agreement is 30 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victoria Carpet Company Pty Ltd, trading as Victoria Carpets, applied to the Fair Work Commission for the approval of the Victoria Carpets Dandenong - CFMEU Enterprise Agreement 2018. The application was made under section 234 of the Fair Work Act 2009. The dispute centred around whether the agreement met the requirements for approval, particularly in terms of its coverage of employees, procedural fairness, and adherence to the relevant industrial instruments. The Commission was required to determine if the agreement was in the best interests of the employees covered by it and whether it complied with the procedural requirements of the Act.

The court had to consider whether the agreement was made in good faith and without coercion, whether it covered all employees in the relevant bargaining unit, and whether it contained terms that were in the best interests of the employees. Additionally, the court examined whether the agreement was procedurally sound, including whether the bargaining process was fair and whether the parties had engaged in genuine negotiations. The Victoria Carpet Company argued that the agreement was the result of good faith negotiations and was in the best interests of the employees. The CFMEU supported the application, asserting that the agreement was fair and met all legal requirements.

After examining the evidence and submissions, the Fair Work Commission found that the agreement was made in good faith, covered all relevant employees, and contained terms that were in their best interests. The Commission concluded that the bargaining process was fair and that the agreement complied with the procedural requirements of the Act. Consequently, the Commission approved the Victoria Carpets Dandenong - CFMEU Enterprise Agreement 2018. The court ordered that the agreement be registered and that it would come into effect from the date of the decision.

The Victoria Carpet Company Pty Ltd T/A Victoria Carpets

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established