DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jalco Cosmetics Pty Ltd T/A Jalco Cosmetics Pty Ltd
(AG2021/5881)

JALCO COSMETICS PTY LTD (HORNSBY) ENTERPRISE AGREEMENT 2020 - 23

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 15 JULY 2021

Application for approval of the Jalco Cosmetics Pty Ltd (Hornsby) Enterprise Agreement 2020 - 23.

[1] An application has been made for approval of an enterprise agreement known as the Jalco Cosmetics Pty Ltd (Hornsby) Enterprise Agreement 2020 - 23 (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 Employer 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. The undertakings are taken to be a term of 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] I note that the Applicant provided a revised Form F17, specifying that the Notice of Representational Rights (NERR) was provided to employees in accordance with s. 173, and outlining the steps taken to notify employees of the vote in accordance with s 180(3) of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Jalco Cosmetics Pty Ltd, trading as Jalco Cosmetics Pty Ltd, sought approval of an enterprise agreement with its employees, to be applied to the period between 2020 and 2023. The application was heard by the Fair Work Commission, specifically the member appointed to hear the matter. The nature of the dispute was centred around the terms and conditions outlined in the proposed enterprise agreement, and whether these terms complied with the relevant legislative framework.

The legal issues before the court encompassed the interpretation of the applicable industrial legislation, particularly the Fair Work Act 2009, and the assessment of the proposed agreement against the criteria for approval as set out in that legislation. The court was required to determine whether the agreement contained permissible matters, whether it provided for a proper process for resolving disputes, and whether it met the requirements for good faith bargaining and procedural fairness.

In delivering the decision, the court examined the provisions of the proposed agreement and considered the arguments presented by both parties. The court found that the agreement contained permissible matters, was consistent with the legislative requirements, and provided for an appropriate process for resolving disputes. The court also concluded that the agreement had been negotiated in good faith and that the process leading to its creation was fair and procedurally sound. As a result, the court approved the enterprise agreement.

The court's final orders were that the Jalco Cosmetics Pty Ltd (Hornsby) Enterprise Agreement 2020-23 be approved, with effect from the date of the decision, and that the agreement be registered with the Fair Work Commission. The decision was binding on all parties and governed the terms and conditions of employment for the duration of the agreement.

Jalco Cosmetics Pty Ltd T/A 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