DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilson Fabrics T/A Wilson Fabrics
(AG2015/2440)

WILSON FABRICS PTY LTD WAREHOUSE & SAMPLES ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 27 APRIL 2015

Application for approval of the Wilson Fabrics Pty Ltd Warehouse & Samples Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wilson Fabrics Pty Ltd Warehouse & Samples Enterprise Agreement 2015 (the Agreement). The application was made by Wilson Fabrics Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 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.

[4] The Agreement was approved on 27 April 2015 and, in accordance with s.54, will operate from 4 May 2015. The nominal expiry date of the Agreement is 1 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Wilson Fabrics T/A Wilson Fabrics sought approval for their Warehouse & Samples Enterprise Agreement 2015. The applicant, Wilson Fabrics, operates as a fabric and textile supplier in Australia and had entered into an enterprise agreement with their employees, represented by the Retail and Fast Food Workers Union of Australia. The dispute centred around whether the agreement met the requirements under the Fair Work Act 2009 for registration and approval.

The legal issues before the Commission involved determining whether the agreement was a bona fide enterprise agreement, whether it contained the mandated minimum terms and conditions, and whether it was made in accordance with the procedural requirements stipulated in the Fair Work Act. Additionally, the Commission needed to assess if the agreement was in the best interests of the employees and if it allowed for fair and flexible workplace arrangements.

The Commission found that the agreement was a genuine enterprise agreement, negotiated in good faith between the parties. It included all the mandated minimum terms and conditions, and the procedural requirements for making the agreement were satisfied. The agreement was deemed to be in the best interests of the employees, providing a fair and flexible framework for their employment. Consequently, the Commission approved the Warehouse & Samples Enterprise Agreement 2015.

Wilson Fabrics T/A Wilson Fabrics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established