DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilson Fabrics Pty Ltd
(AG2018/7285)

WILSON FABRICS PTY LTD WAREHOUSE AND SAMPLES ENTERPRISE AGREEMENT 2018

Clothing industry
COMMISSIONER BISSETT	MELBOURNE, 5 APRIL 2019

Application for approval of the Wilson Fabrics Pty Ltd Warehouse and Samples Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wilson Fabrics Pty Ltd Warehouse and Samples 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 Wilson Fabrics Pty Ltd. 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2019. The nominal expiry date of the Agreement is 1 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Wilson Fabrics Pty Ltd, the applicant sought approval of the Warehouse and Samples Enterprise Agreement 2018. The applicant, a fabric wholesaler, entered into the agreement with its employees, represented by the Transport Workers' Union of Australia. The Fair Work Commission was asked to determine if the agreement met the requirements of the Fair Work Act 2009 for it to be approved as a simple or low-complexity enterprise agreement. The applicant argued that the agreement was straightforward and met the necessary criteria, while the union contended that the agreement was more complex due to certain provisions that needed further consideration.

The central legal issue before the Commission was whether the Warehouse and Samples Enterprise Agreement 2018 was a simple or low-complexity enterprise agreement, as defined in section 232 of the Fair Work Act. The Commission needed to assess the complexity of the agreement based on its provisions, the number of employees affected, and the nature of the bargaining process. The applicant argued that the agreement was simple, while the union maintained that certain provisions necessitated a more thorough examination.

The Fair Work Commission determined that the Warehouse and Samples Enterprise Agreement 2018 was indeed a simple enterprise agreement. The Commission considered the overall simplicity of the agreement, the minimal number of employees involved, and the straightforward nature of the bargaining process. The Commission concluded that the provisions raised by the union did not significantly increase the agreement's complexity, and therefore, the agreement met the requirements for a simple enterprise agreement. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Warehouse and Samples Enterprise Agreement 2018, confirming its status as a simple enterprise agreement. The Commission's decision resolved the dispute between the applicant and the union, allowing the agreement to proceed without further complications. This outcome ensured that the employees of Wilson Fabrics Pty Ltd would be governed by the terms of the agreement, which aimed to provide fair and reasonable working conditions for all parties involved.

Wilson Fabrics 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