COTTON ON GROUP AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2025 - 2028

Application for approval of the Cotton On Group and United Workers Union Enterprise Agreement 2025 - 2028

[1] An application has been made for approval of an enterprise agreement known as the Cotton On Group and United Workers Union Enterprise Agreement 2025 - 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by COG Regional Team Pty Ltd trading as Cotton On Group (the Applicant). The Agreement is a single enterprise agreement.

[2] I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a minor difference in the title for the Agreement to the one noted above. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

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

[5] I observe that clause 24(3) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings referred to above and clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The United Workers' 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.

[7] Clause 2 of the Agreement provides that the Agreement shall operate on and from the first pay period seven days after the Agreement is approved. Section 54(1)(b) provides that an agreement can commence operation from a later date specified in the agreement. I sought from the Applicant the dates of upcoming pay periods and accordingly note that this Agreement will commence from 5 January 2026 being the first pay period seven days after approval this Agreement.

[8] The Agreement is approved and in accordance with s.54, will operate from 5 January 2026. The nominal expiry date of the Agreement is 30 June 2028.

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