Jalco Cosmetics Pty Ltd T/A Jalco Cosmetics Pty Ltd

[2021] FWCA 4165

[2021] FWCA 4165

FAIR WORK COMMISSION

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

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Annexure A