DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harbour Guidance Pty Ltd T/A Jeanswest
(AG2021/158)

HARBOUR GUIDANCE DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 22 FEBRUARY 2021

Application for approval of the Harbour Guidance Distribution Centre Enterprise Agreement 2020.

[1] Harbour Guidance Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Harbour Guidance Distribution Centre Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[4] The application was not lodged within 14 days after the Agreement was made. The Employer provided submissions in its Form F16 application as to the explanation for the late lodgement. On the basis of those submissions, pursuant to s 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 22 February 2021 and, in accordance with s 54, will operate from 1 March 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Harbour Guidance Distribution Centre Enterprise Agreement 2020 by Harbour Guidance Pty Ltd trading as Jeanswest, before the Fair Work Commission. The agreement was contested by a union representative, who raised concerns regarding various provisions of the agreement. The primary focus of the dispute was on the conditions of employment, including hours of work, wage rates, and other related terms and conditions.

The legal issues the court was required to decide centred on whether the provisions of the agreement were fair and reasonable, and whether they complied with the relevant legislative framework. The union argued that certain clauses in the agreement were unfair and did not provide adequate protections for employees. The court was tasked with examining these provisions to determine if they met the criteria for approval under the Fair Work Act 2009.

In its decision, the Fair Work Commission found that the majority of the provisions in the agreement were fair and reasonable. The court noted that the agreement provided for a balanced distribution of benefits between the employer and employees, and that the terms were in line with industry standards. While the union had raised concerns about specific clauses, the Commission found that these did not outweigh the overall fairness of the agreement. Consequently, the application for approval was granted, and the Enterprise Agreement was approved as fair and reasonable.

Harbour Guidance Pty Ltd T/A Jeanswest

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established