DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jalco Powders Pty Ltd T/A Jalco Household & Fabric Care
(AG2016/4033)

JALCO HOUSEHOLD AND FABRIC CARE ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 31 AUGUST 2016

Application for approval of the Jalco Household and Fabric Care Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Jalco Household and Fabric Care Enterprise Agreement 2016-2019 (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 & Fabric Care. 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 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 7 September 2016. The nominal expiry date of the Agreement is 12 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Jalco Powders Pty Ltd trading as Jalco Household and Fabric Care, sought approval of the Jalco Household and Fabric Care Enterprise Agreement 2016-2019. The application was made under section 231 of the Fair Work Act 2009. The dispute arose from negotiations between the applicant and the union representing the employees, the Australian Manufacturing Workers Union.

The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to determine if the agreement provided for minimum entitlements, included appropriate dispute resolution mechanisms, and was otherwise compliant with the legislative framework. The Commission also had to consider the views of the union and the fairness of the agreement to the employees.

The Commission found that the proposed agreement was compliant with the Fair Work Act and the Fair Work Regulations. The agreement provided for all the minimum entitlements required by the Act, and the dispute resolution mechanisms were deemed appropriate. The Commission also took into account the union's views and the fairness of the agreement to the employees. The Commission was satisfied that the agreement was in the best interests of the employees and approved the application.

The Fair Work Commission approved the Jalco Household and Fabric Care Enterprise Agreement 2016-2019, effective from the date of the decision. The approval is subject to the usual conditions and requirements set out in the Fair Work Act and the Fair Work Regulations.

Jalco Powders Pty Ltd T/A Jalco Household & 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