Jacobs Douwe Egberts Au Pty Ltd

[2024] FWCA 712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jacobs Douwe Egberts Au Pty Ltd

(AG2024/309)

JACOBS DOUWE EGBERTS AU PTY LTD KINGSGROVE ROASTERY ENTERPRISE AGREEMENT 2024-2026

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT EASTON	SYDNEY, 23 FEBRUARY 2024

Application for approval of the JACOBS DOUWE EGBERTS AU PTY LTD Kingsgrove Roastery Enterprise Agreement 2024-2026.

Jacobs Douwe Egberts Au Pty Ltd (the Employer) has made an application for the approval of the JACOBS DOUWE EGBERTS AU PTY LTD Kingsgrove Roastery Enterprise Agreement 2024-2026 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2024. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jacobs Douwe Egberts Au Pty Ltd, the employer, applied to the Fair Work Commission for the approval of the Kingsgrove Roastery Enterprise Agreement 2024-2026. The applicant, a coffee roastery, sought to secure the terms and conditions of employment for its employees under the proposed agreement. The dispute centred around the fairness and compliance of the agreement with the relevant federal industrial instruments.

The court was required to decide whether the proposed agreement met the standards of procedural and substantive fairness as mandated by the Fair Work Act 2009. This involved assessing if the agreement had been negotiated in good faith, if it provided for fair terms and conditions, and if it complied with any applicable awards, agreements, or other industrial instruments. Additionally, the court had to consider whether the agreement provided for adequate dispute resolution mechanisms.

The Fair Work Commission found that the proposed agreement had been negotiated in good faith and that it contained terms and conditions that were fair and reasonable. The court noted that the agreement provided for appropriate dispute resolution mechanisms and did not contravene any applicable industrial instruments. Consequently, the Commission approved the application for the agreement's registration, acknowledging the balance achieved between the employer's interests and the rights of the employees.

The Fair Work Commission ordered the registration of the Kingsgrove Roastery Enterprise Agreement 2024-2026, effective from the date of the decision. This decision provided certainty for both the employer and the employees, ensuring that the terms of the agreement would govern their industrial relationship for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established