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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Jacobs Douwe Egberts Au Pty Ltd trading as JDE Coffee, sought approval of an enterprise agreement from the Fair Work Commission. The agreement was to govern the employment conditions of workers at the Kingsgrove Roastery. The dispute arose as the applicant claimed the agreement was fairly and properly negotiated and met the requirements of the Fair Work Act 2009. The applicant argued that the agreement was in the best interests of the employees and the business. The Fair Work Commission, presided over by Commissioner A. P. Chapman, was tasked with determining whether the agreement met the criteria for approval under the Act.

The key legal issues before the Commission included whether the agreement had been fairly and properly negotiated, whether it contained terms that were in the best interests of the employees, and whether it complied with the procedural requirements of the Fair Work Act. The Commission had to assess whether the agreement was made in good faith, without any improper influence or coercion, and whether it had been properly presented to the employees for their consideration and feedback. Additionally, the Commission needed to ensure that the agreement did not disadvantage employees in terms of their pay and conditions.

In delivering the decision, the Commission found that the agreement was fairly and properly negotiated, with evidence of good faith bargaining and adequate consultation with the employees. The Commission noted that the agreement contained terms that were in the best interests of the employees and that it complied with the requirements of the Fair Work Act. The Commission was satisfied that the procedural requirements for presenting the agreement to the employees had been met, and that the agreement did not disadvantage employees in terms of their pay and conditions. Consequently, the Commission approved the enterprise agreement, finding it met all the necessary criteria for approval.

The final orders of the Commission were that the Jacobs Douwe Egberts Au Pty Ltd Kingsgrove Roastery Enterprise Agreement 2018-2020 be approved, effective from the date of the decision. The Commission's approval signified that the agreement would govern the employment conditions of the workers at the Kingsgrove Roastery, as per the terms outlined in the agreement.

Jacobs Douwe Egberts Au Pty Ltd T/A JDE Coffee

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established