Waverley Mills Pty Ltd Summary

[2022] FWCA 4022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Waverley Mills Pty Ltd

(AG2022/4669)

Waverley Mills Tasmania Production Employees Enterprise Agreement 2022

Textile industry
DEPUTY PRESIDENT DEAN	CANBERRA, 17 NOVEMBER 2022

Application for approval of the Waverley Mills Tasmania Production Employees Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Waverley Mills Tasmania Production Employees Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Waverley Mills Pty Ltd. 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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Waverley Mills Pty Ltd, a company engaged in the manufacture of wool products in Tasmania, applied to the Fair Work Commission for approval of the Waverley Mills Tasmania Production Employees Enterprise Agreement 2022. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, as it had been negotiated with the employees' representative, the Tasmanian Trades and Labour Council. The dispute centred on whether the agreement complied with the relevant provisions of the Act, particularly in terms of procedural fairness and the coverage of the agreement.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether the process leading to its negotiation met the requirements of procedural fairness. The applicant argued that the agreement had been negotiated in good faith and that the process was fair and transparent. The Commission needed to determine if the agreement complied with the procedural fairness standards set out in the Fair Work Act and if the agreement covered all necessary aspects of employment conditions.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties and that the process complied with the procedural fairness requirements. The Commission was satisfied that the negotiation process was transparent and that the agreement reflected the terms agreed upon by the parties. The Commission also found that the agreement adequately covered all necessary employment conditions and was in compliance with the relevant provisions of the Act. Consequently, the application for approval of the Waverley Mills Tasmania Production Employees Enterprise Agreement 2022 was approved.

The Fair Work Commission ordered that the Waverley Mills Tasmania Production Employees Enterprise Agreement 2022 be registered as a registered agreement under the Fair Work Act 2009. The agreement would now serve as a binding contract between the applicant and the employees covered by the agreement, governing their employment conditions.

Waverley Mills Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established