IJF Australia Pty Ltd

[2014] FWCA 4911

The attached document replaces the document previously issued with the above code on 22 July 2014.

Correcting Agreement title in preamble to -

IJF AUSTRALIA PTY LTD BARGAINING AGREEMENT (SA) 2013

Denise Jelfs

Associate to Senior Deputy President O’Callaghan

Dated 23 July, 2014

[2014] FWCA 4911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

IJF Australia Pty Ltd
(AG2014/1750)

IJF AUSTRALIA PTY LTD BARGAINING AGREEMENT (SA) 2013

Timber and paper products industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 22 JULY 2014

Application for approval of the IJF Australia Pty Ltd Bargaining Agreement (SA) 2013.

[1] An application has been made for approval of an enterprise agreement known as the IJF Australia Pty Ltd Bargaining Agreement (SA) 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IJF Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union (CFMEU), 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2014. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, IJF Australia Pty Ltd, sought approval of an enterprise agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission. The agreement was negotiated with the Retail and Fast Food Workers Union. The dispute involved the terms and conditions of employment for workers in the retail and fast food industries. The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to determine if the agreement was genuinely a product of genuine bargaining and if it contained the required terms and conditions as per the legislative framework.

The Commission examined the evidence provided by the parties, including the process of negotiation and the content of the agreement. It found that the agreement was genuinely the product of genuine bargaining as both parties had acted in good faith and the process was free from any undue influence or coercion. The Commission also considered the substantive provisions of the agreement, ensuring that they met the standards set by the legislation. It assessed the agreement's terms to ensure they were not contrary to public policy, did not undermine the rights of employees, and provided a fair and reasonable outcome for both parties. The Commission concluded that the agreement was fair and reasonable and met all the legislative requirements.

In light of the findings, the Fair Work Commission approved the IJF Australia Pty Ltd Bargaining Agreement (SA) 2013. The decision confirmed that the agreement was genuinely the product of genuine bargaining and contained the necessary terms and conditions as required by the legislation. The Commission's approval ensures that the agreement will be legally binding on the parties involved, providing a stable and fair framework for the employment relationship. The decision underscores the importance of genuine bargaining in the negotiation of enterprise agreements and the role of the Commission in ensuring compliance with legislative standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established