The Workwear Group Pty Ltd Trading AS The Workwear Group

[2025] FWCA 2081

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The Workwear Group Pty Ltd Trading AS The Workwear Group

(AG2025/1807)

WORKWEAR GROUP PTY LTD (MELBOURNE AIRPORT & WELSHPOOL) ENTERPRISE AGREEMENT 2025

Storage services
COMMISSIONER PERICA	MELBOURNE, 25 JUNE 2025

Application for approval of the Workwear Group Pty Ltd (Melbourne Airport & Welshpool) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Workwear Group Pty Ltd (Melbourne Airport & Welshpool) Enterprise Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The United Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 25 June 2025. It will operate from 2 July 2025 as required by section 54 of the Act. The nominal expiry date is 25 June 2028.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the matter of The Workwear Group Pty Ltd, trading as The Workwear Group, an application was made to the Fair Work Commission for approval of the Workwear Group Pty Ltd (Melbourne Airport & Welshpool) Enterprise Agreement 2025. The application arose from negotiations between the employer and the employees represented by the Retail and Fast Food Workers Union. The dispute centred around the terms of the proposed enterprise agreement and whether it met the legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was "better off overall" for the employees as required by section 235 of the Act. This involved assessing the overall balance of benefits and detriments to employees, including considerations of wages, working conditions, and other terms of employment. The Commission also had to determine whether the agreement complied with the good faith bargaining provisions of the Act and whether it was free from prohibited content.

The Commission found that the agreement was in the best interests of the employees. The analysis took into account the wage increases, improved conditions, and other benefits that the agreement provided, which outweighed any potential detriments. The Commission noted that the agreement was the product of genuine negotiations between the parties, and it contained no provisions that would be contrary to public policy or prohibited content. Consequently, the application for approval was successful, and the agreement was certified as meeting the statutory requirements.

The Commission approved the Workwear Group Pty Ltd (Melbourne Airport & Welshpool) Enterprise Agreement 2025, making it legally binding on the parties from the date of the decision. The certified agreement now governs the employment conditions for the relevant employees, providing a framework for wages, hours of work, and other employment terms for the duration 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