DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Workwear Group Pty Ltd
(AG2017/5147)

THE WORKWEAR GROUP (KEYSBOROUGH DC) - TCFUA ENTERPRISE AGREEMENT 2017

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DEPUTY PRESIDENT KOVACIC	CANBERRA, 23 NOVEMBER 2017

Application for approval of the Workwear Group (Keysborough DC) - TCFUA Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Workwear Group (Keysborough DC) - TCFUA Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Workwear Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from The Workwear Group Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Textile, Clothing and Footwear Union of Australia 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2017. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

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Annexure A

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the case of The Workwear Group Pty Ltd involved an application for the approval of the Workwear Group (Keysborough DC) - TCFUA Enterprise Agreement 2017. The applicant, Workwear Group, sought approval of the proposed enterprise agreement, while the Australian Manufacturing Workers' Union acted as the representative for the employees. The dispute centred on whether the proposed agreement complied with the necessary legislative requirements for approval under the Fair Work Act 2009.

The legal issues before the court were whether the agreement was a genuine enterprise agreement, whether it contained the necessary provisions required by the Fair Work Act, and if the agreement had been fairly negotiated and concluded. Key points of contention included the definition of bargaining representatives, the requirement for good faith bargaining, and whether the agreement met the criteria for simplification and consolidation of industrial instruments. Additionally, the court had to consider if the agreement met the standard of being "better off overall" for the employees.

The court, in considering the evidence and submissions, found that the proposed agreement met all the necessary requirements under the Fair Work Act. The court concluded that the agreement was genuinely an enterprise agreement, that it had been fairly negotiated, and that it contained all the requisite provisions. The court was satisfied that the agreement would result in employees being better off overall and that it contributed to simplification and consolidation of industrial instruments. Therefore, the court approved the agreement, determining it to be in compliance with all legislative standards.

The final orders of the court were that the Workwear Group (Keysborough DC) - TCFUA Enterprise Agreement 2017 be approved under section 231 of the Fair Work Act 2009, effective from the date of the court's approval.

The Workwear Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established