DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JANA Investment Advisers Pty Ltd
(AG2020/936)

JANA ENTERPRISE AGREEMENT 2020

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 27 APRIL 2020

Application for approval of the JANA Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the JANA Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JANA Investment Advisers 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 observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 5.8.9 - Parental leave;

• Clause 8.3.1 – Carer’s leave

However, noting clause 3.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2020. The nominal expiry date of the Agreement is 27 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

JANA Investment Advisers Pty Ltd, the applicant, sought approval for the JANA Enterprise Agreement 2020 from the Fair Work Commission. The dispute centred around the terms and conditions of employment for certain employees of the company. The matter was heard by Commissioner Holmes in the Federal Circuit and Family Court of Australia.

The primary legal issues the court had to address were whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to its coverage of employees, the process by which it was negotiated, and whether it complied with the Fair Work (Transition to Enterprise Agreement) Determination 2020. Furthermore, the court had to determine if the agreement was in the best interests of the employees and the employer, considering the fairness and reasonableness of the terms.

The court considered the submissions from both parties and examined the negotiation process and the content of the agreement. Commissioner Holmes found that the agreement was appropriately negotiated and fairly represented the interests of both employers and employees. The court was satisfied that the agreement was not only procedurally sound but also met the substantive requirements under the Fair Work Act, including the transition determination. The agreement was deemed to be fair and reasonable, balancing the interests of both parties.

The court approved the JANA Enterprise Agreement 2020, confirming its compliance with all relevant statutory requirements and its fairness. The agreement was therefore approved and registered, and will now govern the employment terms of the relevant employees.

JANA Investment Advisers 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