Application for approval of the Bata & United Workers Union Enterprise Agreement 2024 - 2027

[1] Bata Shoe Company of Australia Pty Ltd (ABN: 19 004 266 040) has applied for approval of an enterprise agreement known as the Bata & United Workers Union Enterprise Agreement 2024 - 2027 under s 185 of the Fair Work Act 2009.

[2] The Agreement is a single enterprise agreement.

[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• - Clause 16.9 and 17.1.5 - Termination and redundancy

• - Clause 30.3 - Carer's leave

• - Clause 32 - Compassionate leave

• - Clause 32.2 - Definition of 'immediate family'

• - Clause 33.3.2(b) - Parental leave

• - Clause 34.2 - Community service leave

• - Clause 35.4.2 - Public holidays

[4] The Employer has provided written undertakings. I am satisfied that 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.

[5] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[7] The Agreement does not contain a flexibility term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 8 May 2025. Pursuant to s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] The United Workers' Union (UWU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the UWU.

[9] The Agreement is approved and, despite clause 4 and in accordance with s 54 of the Act, will operate from 17 June 2025.

[10] In accordance with clause 4, the nominal expiry date of the Agreement is 30 November 2027.

[11] Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

[12] The UWU asked that the Agreement be varied, identifying that clause 18.1.2 had been inadvertently omitted. The applicant employer agreed with the request.

[13] The parties provided an amended copy of the Agreement, with only the amendments identified above.

[14] I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

[15] The Agreement attached to this Decision is the Agreement as varied and will operate from 17 June 2025. The nominal expiry date of the Agreement as varied is 30 November 2027.

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