DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Victoria Carpet Company Pty Ltd T/A Victoria Carpets
(AG2018/7382)

VICTORIA CARPETS BENDIGO - CFMEU ENTERPRISE AGREEMENT 2018

Textile industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 MARCH 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Victoria Carpets Bendigo - 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, 33 and 34. On 20 March 2019, the parties filed an amended version of the Agreement correcting these errors. I am satisfied that the correction 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

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CaseChat Overview and Summary

In the recent decision of the Victoria Carpet Company Pty Ltd trading as Victoria Carpets, the applicant sought approval for the Bendigo - CFMEU Enterprise Agreement 2018. The dispute arose from a disagreement regarding the terms and conditions of employment under the proposed agreement. The matter was heard in the Fair Work Commission, an Australian federal statutory body with jurisdiction over employment-related disputes.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This involved assessing whether the agreement met the requirements for good faith bargaining, whether it included the mandated minimum entitlements, and if it adhered to procedural fairness. Additionally, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement largely met the statutory requirements for approval. It determined that the applicant had engaged in good faith bargaining and that the agreement contained all the mandated minimum entitlements. The Commission also concluded that the procedural fairness had been observed throughout the bargaining process. While there were minor concerns about certain provisions, these did not significantly detract from the overall fairness and reasonableness of the agreement. Consequently, the Commission approved the Bendigo - CFMEU Enterprise Agreement 2018.

The Commission's decision was based on a detailed analysis of the bargaining process and the content of the agreement. It found that the applicant had demonstrated a genuine effort to reach an agreement and that the terms proposed were fair and reasonable. The decision underscores the importance of adhering to statutory requirements and maintaining procedural fairness in enterprise agreements.

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