DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jack Butler & Staff Pty Ltd
(AG2017/3941)

JACK BUTLER AND STAFF PTY LTD ENTERPRISE AGREEMENT 2017

Retail industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 8 DECEMBER 2017

Application for approval of the Jack Butler and Staff Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the Jack Butler and Staff Pty Ltd Enterprise Agreement 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jack Butler & Staff Pty Ltd.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

[3] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] As noted, pursuant to s.190(3), I have accepted undertakings. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] In accordance with s.187(5)(a) of the Act, I am satisfied that the Shop, Distributive and Allied Employees’ Association are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2017. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Jack Butler & Staff Pty Ltd recently appeared before the Fair Work Commission, where the enterprise agreement 2017 was subject to approval. The agreement was between the employer, Jack Butler & Staff Pty Ltd, and its employees, represented by a union. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The court was tasked with determining if the agreement was procedurally sound, including whether it was the product of genuine bargaining, and if it contained all the necessary provisions as required by the Act. Additionally, the court examined if the agreement was in the best interest of the employees, ensuring it did not disadvantage the workers or contravene any provisions of the Act.

In delivering its decision, the Fair Work Commission found that the agreement was the result of genuine bargaining, and all necessary provisions were included. The court also concluded that the agreement was in the best interests of the employees, providing adequate protections and benefits. The Commission approved the agreement, recognising its fairness and compliance with the statutory requirements.

The final orders of the Commission included the approval of the Jack Butler and Staff Pty Ltd Enterprise Agreement 2017, effective from the date of the decision. This outcome ensures that the agreement will govern the terms and conditions of employment for the employees of Jack Butler & Staff Pty Ltd, as long as it remains in force.

Jack Butler & Staff Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established