DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jai Umiya Enterprises Pty Ltd ATF Jainam Family Trust T/A Caltex Star Shop Bentley
(AG2016/3354)

JAI UMIYA ENTERPRISES PTY LTD AS TRUSTEES FOR JAINAM FAMILY TRUST COLLECTIVE ENTERPRISE AGREEMENT 2016

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 5 AUGUST 2016

Application for approval of the Jai Umiya Enterprises Pty Ltd as Trustees for Jainam Family Trust Collective Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Jai Umiya Enterprises Pty Ltd as Trustees for Jainam Family Trust Collective Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jai Umiya Enterprises Pty Ltd ATF Jainam Family Trust T/A Caltex Star Shop Bentley. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2016. The nominal expiry date of the Agreement is 4 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Jai Umiya Enterprises Pty Ltd, trading as Caltex Star Shop in Bentley, applied for approval of their 2016 Collective Enterprise Agreement. The applicant sought to have this agreement recognised as meeting the requirements under the Fair Work Act 2009. The dispute involved the interpretation and compliance of the agreement with relevant legislative provisions, focusing on its procedural fairness and substantive fairness in terms of employee entitlements and working conditions.

The legal issues central to this matter revolved around whether the agreement was genuinely negotiated and whether it provided for minimum entitlements as stipulated by the Act. Furthermore, the court had to determine if the agreement was made in good faith and whether it adhered to the procedural fairness required by the Fair Work Act. The validity of the agreement also depended on whether it was certified by an independent certifier and whether it met the criteria for being a single, integrated agreement.

The Commission found that the agreement was indeed genuinely negotiated, met the minimum entitlements outlined by the Act, and was made in good faith. The process followed in creating the agreement was deemed fair and transparent, and the certifier's role in approving the agreement was found to be legitimate. The agreement was comprehensive and covered all necessary aspects of employment, ensuring both procedural and substantive fairness. Consequently, the Commission approved the agreement, affirming its compliance with the relevant legislative framework.

The final order of the Commission was to approve the Jai Umiya Enterprises Pty Ltd as Trustees for Jainam Family Trust Collective Enterprise Agreement 2016, recognising it as meeting the requirements under the Fair Work Act 2009.

Jai Umiya Enterprises Pty Ltd ATF Jainam Family Trust T/A Caltex Star Shop Bentley

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established