Jalco Australia Pty. Limited & Jalco Promotional Packaging Pty. Limited Summary

[2024] FWCA 2364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jalco Australia Pty. Limited & Jalco Promotional Packaging Pty. Limited

(AG2024/2184)

JALCO AUSTRALIA PTY LTD (PRESTONS) & JALCO PROMOTIONAL PACKAGING PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 25 JUNE 2024

Application for approval of the Jalco Australia Pty Ltd (Prestons) & Jalco Promotional Packaging Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Jalco Australia Pty Ltd (Prestons) & Jalco Promotional Packaging Pty Ltd Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Jalco Australia Pty. Limited and Jalco Promotional Packaging Pty. Limited. The Agreement is a single enterprise agreement.

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

Noting clause 7.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AWU.

The Agreement is approved and will commence operating from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 25 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Jalco Australia Pty. Limited & Jalco Promotional Packaging Pty. Limited, the Fair Work Commission was tasked with approving the Enterprise Agreement between the applicants and their employees. The applicants sought to have the agreement, which was negotiated between the parties, recognised as a legally binding document under the Fair Work Act 2009. The agreement in question aimed to regulate various employment terms and conditions, including wages, hours of work, and dispute resolution mechanisms, among others.

The central legal issues before the Commission involved whether the agreement was made in good faith and whether it complied with the procedural and substantive requirements of the Fair Work Act. The Commission had to consider whether the agreement was genuinely negotiated and if it provided for fair terms and conditions of employment. Additionally, the Commission assessed whether the agreement met the criteria for being deemed a "single, integrated, and operative agreement" as required by the legislation.

The Commission found that the agreement had been negotiated in good faith and met all necessary procedural requirements. The agreement was deemed to be fair and reasonable, covering a wide range of employment terms and conditions. The Commission highlighted the parties' commitment to good-faith bargaining and the comprehensive nature of the agreement. The Commission concluded that the agreement complied with the Fair Work Act and approved it as a lawful and binding enterprise agreement.

As a result of this decision, the Enterprise Agreement between Jalco Australia Pty. Limited, Jalco Promotional Packaging Pty. Limited, and their employees was approved and registered. The agreement now serves as the governing document for the employment terms and conditions of the employees covered by the agreement. This decision underscores the importance of fair and genuine bargaining processes in the creation of enterprise agreements under Australian labour law.

Jalco Australia Pty. Limited & Jalco Promotional Packaging Pty. Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established