DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dalewing Pty Ltd T/A Farmer Jacks
(AG2017/482)

FJ SUBIACO ENTERPRISE AGREEMENT 2017

Retail industry
COMMISSIONER ROE	MELBOURNE, 19 MAY 2017

Application for approval of the FJ Subiaco Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the FJ Subiaco Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dalewing Pty Ltd T/A Farmer Jacks. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 19 May 2017 and, in accordance with s.54, will operate from 26 May 2017. The nominal expiry date of the Agreement is 24 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, the case of Dalewing Pty Ltd trading as Farmer Jacks came before the Fair Work Commission. The company sought approval of the FJ Subiaco Enterprise Agreement 2017. The application for approval was made by the employer, who argued that the agreement was a bona fide attempt to finalise the terms and conditions of employment for the relevant employees, and that the necessary consultation and good faith bargaining had occurred.

The legal issues at the heart of the case revolved around whether the employer had genuinely attempted to negotiate the agreement with the relevant employees and whether the agreement had been made in good faith. The employer had to demonstrate that it had engaged in genuine bargaining with the employees, and that the agreement reflected a fair and reasonable resolution of the issues that arose during the bargaining process.

In rendering its decision, the Commission considered the evidence presented by the employer regarding the negotiation process, the content of the agreement, and the manner in which the agreement was reached. The Commission also took into account the submissions made by the employees and any relevant statutory provisions. Ultimately, the Commission found that the employer had genuinely attempted to negotiate the agreement and that the agreement had been made in good faith. The Commission approved the FJ Subiaco Enterprise Agreement 2017, noting that it contained provisions that were fair and reasonable for the employees covered by the agreement.

The final orders of the Commission included the approval of the FJ Subiaco Enterprise Agreement 2017, with the agreement to be registered with the Fair Work Commission. The employer was required to provide a copy of the approved agreement to the employees and to ensure that the agreement was implemented in accordance with its terms. The employees were entitled to rely on the provisions of the agreement in their employment, and the employer was required to comply with the terms and conditions set out in the agreement.

Dalewing Pty Ltd T/A Farmer Jacks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established