DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jalco Powders Pty Ltd T/A Jalco Household and Fabric Care
(AG2019/3039)

JALCO HOUSEHOLD AND FABRIC CARE ENTERPRISE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 13 SEPTEMBER 2019

Application for approval of the Jalco Household and Fabric Care Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Jalco Household and Fabric Care Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jalco Powders Pty Ltd T/A Jalco Household and Fabric Care. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ Union 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 20 September 2019. The nominal expiry date of the Agreement is 12 May 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Jalco Powders Pty Ltd T/A Jalco Household and Fabric Care, the Fair Work Commission was tasked with deciding whether to approve the proposed Enterprise Agreement for the period 2019-2023. The applicant, Jalco Powders, sought the commission’s approval for the agreement, which was negotiated with a trade union. The dispute arose because the union claimed that the proposed agreement did not sufficiently meet the needs of the employees, particularly in terms of remuneration and working conditions.

The central legal issues before the commission involved determining whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the commission had to assess if the agreement met the "better off overall test" (BOOT) as mandated by the Act. This test requires that the proposed agreement be at least as good as the existing conditions for employees, or provide them with some benefit, whether financial or non-financial. The commission also needed to consider if the agreement was made in good faith and if it complied with the provisions on procedural fairness.

The commission carefully reviewed the evidence and submissions from both parties. It found that the proposed agreement did indeed meet the BOOT, as it provided several benefits to employees, including improved remuneration and more defined working conditions. The commission noted that the agreement was negotiated in good faith and that all procedural fairness requirements were met. Consequently, the commission approved the Enterprise Agreement, recognising its benefits to the employees and the overall fairness of the proposed terms.

Jalco Powders Pty Ltd T/A Jalco Household and Fabric Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established