JCDecaux Australia Pty Ltd

[2016] FWCA 741

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JCDecaux Australia Pty Ltd

(AG2016/15)

JCDECAUX MELBOURNE ENTERPRISE AGREEMENT 2015

Miscellaneous

COMMISSIONER CIRKOVIC

MELBOURNE, 3 FEBRUARY 2016

Application for approval of the JCDecaux Melbourne Enterprise Agreement 2015.

[1] On 5 January 2016, JCDecaux Australia Pty Ltd (Applicant) made an application for

approval of the JCDecaux Melbourne Enterprise Agreement 2015 (Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The

Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s.185(3)(a) of

the Act. The Fair Work Commission (Commission) invited the Applicant to explain the late

lodgement. The Applicant advised that the Agreement was lodged late due to the absence of a

key supervisor following the ballot and by an office close down over the New Year period. In

all the circumstances the Commission considers it fair to extend the period for lodgement and

does so pursuant to s.185(3)(b).

[3] The Commission is satisfied that each of the requirements of ss.186, 187 and 188 of

the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved. In accordance with s.54 of the Act the Agreement will

operate from 10 February 2016. The nominal expiry date of the Agreement is 3 February

2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

JCDecaux Australia Pty Ltd applied for approval of the JCDecaux Melbourne Enterprise Agreement 2015 under section 185 of the Fair Work Act 2009. The application was made to the Fair Work Commission, which was responsible for determining whether the agreement met the requirements of the Act for approval. The key issue before the Commission was whether the late lodgement of the agreement could be justified, given the prescribed 14-day timeframe stipulated in section 185(3)(a) of the Act.

The Commission was presented with an explanation for the late lodgement, which included the absence of a key supervisor following the ballot and an office closure over the New Year period. The Commission considered the circumstances and determined it was fair to extend the period for lodgement under section 185(3)(b) of the Act. The Commission further assessed that the agreement met the requirements of sections 186, 187, and 188 of the Act as they pertained to this application.

Having satisfied itself that the agreement met all the necessary criteria, the Commission approved the JCDecaux Melbourne Enterprise Agreement 2015. The agreement was to operate from 10 February 2016, with a nominal expiry date of 3 February 2019, in accordance with section 54 of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established