Harbour Guidance Pty Ltd T/A Jeanswest Summary

[2022] FWCA 3947

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Harbour Guidance Pty Ltd T/A Jeanswest

(AG2022/4476)

Harbour Guidance Distribution Centre Enterprise Agreement 2022

Retail industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 NOVEMBER 2022

Application for approval of the Harbour Guidance Distribution Centre Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Harbour Guidance Distribution Centre Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Harbour Guidance Pty Ltd. The Agreement is a single enterprise agreement.

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.

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 Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2022. The nominal expiry date of the Agreement is 9 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Harbour Guidance Pty Ltd, trading as Jeanswest, and the Fair Work Commission. The dispute centred on the approval of the Harbour Guidance Distribution Centre Enterprise Agreement 2022. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues the court had to resolve included whether the agreement had been made in accordance with the requirements of the Act and if it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission considered whether the agreement had been genuinely negotiated, and if it contained the necessary minimum terms and conditions. The Commission also evaluated whether the agreement was free from any unfair content, and if it was likely to achieve a fair and efficient workplace. The court reviewed the processes by which the agreement was formed, including the participation of the parties and whether any undue influence or coercion had occurred. The Commission concluded that the agreement was genuinely negotiated and did not contain any unfair provisions. The agreement was approved on the basis that it provided for fair and reasonable terms and conditions of employment, and that it met all the legal requirements for approval.

The Commission determined that the Harbour Guidance Distribution Centre Enterprise Agreement 2022 was valid and should be approved. The decision was based on the evidence presented and the Commission's assessment that the agreement met all the necessary criteria under the Fair Work Act 2009. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been genuinely negotiated without any undue influence or coercion. The Commission's decision was therefore in favour of approving the agreement. The final orders of the court were that the Harbour Guidance Distribution Centre Enterprise Agreement 2022 be approved as a certified agreement under the Fair Work Act 2009.

Harbour Guidance Pty Ltd T/A Jeanswest

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established