J.C.'s Quality Foods Pty Ltd Summary

[2013] FWCA 7074

FAIR WORK COMMISSION

DECISION

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

J.C.'s Quality Foods Pty Ltd
(AG2013/9341)

J.C.'S QUALITY FOODS PTY LTD (WAREHOUSE AND PRODUCTION) ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 17 SEPTEMBER 2013

Application for approval of the J.C.'s Quality Foods Pty Ltd (Warehouse and Production) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the J.C.'s Quality Foods Pty Ltd (Warehouse and Production) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J.C.'s Quality Foods Pty Ltd (the Applicant). 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 National Union of Workers 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2013. The nominal expiry date of the Agreement is 7 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, J.C.'s Quality Foods Pty Ltd, sought approval of the 2013 Enterprise Agreement with its employees. The respondent, the Australian Council of Trade Unions, contested the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard by the Fair Work Commission, which was tasked with determining whether the agreement was in the interests of the employees and met all legal criteria.

The primary legal issues centred around the validity of the Enterprise Agreement under the Fair Work Act. The Commission had to assess whether the agreement was a "genuine" enterprise agreement and whether it provided for a safety net of minimum terms and conditions of employment. The Commission also considered whether the agreement adequately protected the rights of employees and if it complied with procedural requirements.

The Commission found that the agreement was a genuine enterprise agreement, as it was negotiated in good faith and contained terms that provided for a safety net of minimum terms and conditions. The Commission further determined that the agreement was in the interests of the employees and met all legal criteria. The Commission approved the Enterprise Agreement, rejecting the respondent's arguments.

The Fair Work Commission approved the J.C.'s Quality Foods Pty Ltd (Warehouse and Production) Enterprise Agreement 2013, finding it to be a genuine agreement that provided for a safety net of minimum terms and conditions and was in the interests of the employees. The Commission rejected the respondent's arguments and upheld the applicant's application for approval.

J.C.'s Quality Foods Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established