Jacob Douwe Egberts Au Pty Ltd T/A JDE Coffee

[2022] FWCA 783

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jacob Douwe Egberts Au Pty Ltd T/A JDE Coffee

(AG2022/389)

Jacobs Douwe Egberts Au Pty Ltd Kingsgrove Roastery Enterprise Agreement 2021-2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	SYDNEY, 4 MARCH 2022

Application for approval of the Jacobs Douwe Egberts Au Pty Ltd Kingsgrove Roastery Enterprise Agreement 2021-2023.

Jacob Douwe Egberts Au Pty Ltd T/A JDE Coffee has applied for approval of a single enterprise agreement known as the Jacobs Douwe Egberts Au Pty Ltd Kingsgrove Roastery Enterprise Agreement 2021-2023 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 11 March 2022. The nominal expiry date of the Agreement is 31 December 2023.

The Agreement covers the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515227 PR739015>
ANNEXURE A

CaseChat Overview and Summary

The applicant, Jacobs Douwe Egberts Au Pty Ltd, trading as JDE Coffee, sought approval for the Kingsgrove Roastery Enterprise Agreement 2021-2023. The dispute arose from the need to ensure the agreement met the requirements of the Fair Work Act 2009. The case was heard by the Fair Work Commission, an independent statutory body with the authority to hear and determine matters related to workplace relations and employment.

The primary legal issue the Commission had to address was whether the proposed enterprise agreement complied with the Fair Work Act. This involved examining if the agreement was appropriately negotiated, if it provided fair terms and conditions, and if it met the procedural requirements for approval, including whether it was fairly presented to the employees and if the necessary majority of votes were obtained. Additionally, the Commission had to determine if the agreement appropriately balanced the interests of the employer and employees.

The Fair Work Commission found that the enterprise agreement was fairly negotiated and met the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and that it had been adequately presented to the employees, who had voted in favour of the agreement. The Commission also determined that the agreement appropriately balanced the interests of both the employer and the employees. As a result, the Fair Work Commission approved the enterprise agreement, confirming its compliance with the Fair Work Act.

In approving the enterprise agreement, the Commission issued an order confirming its approval and mandated that the agreement be registered with the Fair Work Ombudsman. This order ensures that the agreement is legally binding and enforceable, and that it provides a clear framework for the terms and conditions of employment for the period specified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established