Jacobs Douwe Egberts Au Pty Ltd T/A JDE Coffee

[2018] FWCA 1009

[2018] FWCA 1009

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jacobs Douwe Egberts Au Pty Ltd T/A JDE Coffee
(AG2017/6685)

JACOBS DOUWE EGBERTS AU PTY LTD KINGSGROVE ROASTERY ENTERPRISE AGREEMENT 2018 -2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the Jacobs Douwe Egberts Au Pty Ltd Kingsgrove Roastery Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Jacobs Douwe Egberts Au Pty Ltd Kingsgrove Roastery Enterprise Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jacobs Douwe Egberts Au Pty Ltd T/A JDE Coffee. The Agreement is a single enterprise agreement.

[2] On the 31 January 2018, the Applicant advised the Commission that an error in the title clause of the Agreement was identified by the National Union of Workers, being the bargaining representatives for the agreement. The title clause contained the incorrect dates of duration for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The National Union of Workers 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

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Annexure A