DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jalco Cosmetics Pty Ltd
(AG2018/1054)

JALCO COSMETICS PTY LTD (HORNSBY) ENTERPRISE AGREEMENT 2014-17

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 5 JULY 2018

Application for approval of the Jalco Cosmetics Pty Ltd (Hornsby) Enterprise Agreement 2014-17.

[1] An application has been made for approval of an enterprise agreement known as the Jalco Cosmetics Pty Ltd (Hornsby) Enterprise Agreement 2014-17 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jalco Cosmetics Pty Ltd. 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 Shop, Distributive and Allied Employees Association 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved Jalco Cosmetics Pty Ltd, and the application was for the approval of the enterprise agreement covering the period 2014-17. The application was brought before the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement complied with the legislative requirements and adequately protected the rights of employees.

The primary legal issues that the court had to address were whether the proposed agreement met the formal requirements of the Fair Work Act and if it was free from any unfair content. Specifically, the court had to consider if the agreement contained all the necessary prescribed terms, if it was made in good faith, and if it included appropriate dispute resolution mechanisms. Additionally, the court needed to ensure that the agreement did not disadvantage employees in a manner that was contrary to the public interest.

In deliberating on these issues, the court examined the provisions of the Fair Work Act and the specific details of the proposed agreement. The court found that the agreement was procedurally valid and had been negotiated in good faith. It also concluded that the agreement contained all the prescribed terms and did not exhibit any unfair content. Furthermore, the court was satisfied that the agreement included adequate dispute resolution mechanisms and did not unduly disadvantage employees. Consequently, the court approved the application for the agreement.

In summary, the Fair Work Commission approved the enterprise agreement between Jalco Cosmetics Pty Ltd and its employees for the period 2014-17. The court determined that the agreement met all the necessary legal requirements and was in the best interests of both the employer and the employees.

Jalco Cosmetics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established