JCDecaux Australia Pty Ltd Summary

[2014] FWCA 5758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

JCDecaux Australia Pty Ltd
(AG2014/1791)

JCDECAUX SYDNEY ENTERPRISE AGREEMENT 2014

Miscellaneous
COMMISSIONER BULL	SYDNEY, 21 AUGUST 2014

Application for approval of the JCDecaux Sydney Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the JCDecaux Sydney Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Overtime

[2] The Commission wrote to the Applicant with respect to clause 12 - Working Arrangements, and in particular, sub clause 12.1 of the Agreement. The Agreement provides that all time worked outside the employee’s ordinary time, payment of overtime shall be at the rate of time and one half. The Miscellaneous Award 2010 (the Award), being the relevant modern award for the purpose of the better off overall test provides that overtime will be paid at the rate of 150% for the first three hours and 200% thereafter.

[3] The Commission requested the Applicant to advise how often overtime is worked and provide indicative rosters and calculations to demonstrate that where employees do work overtime they would be better off overall under the Agreement when compared to the Award.

[4] The Applicant has advised that the higher agreement base rate of pay compensates for overtime being less than the Award and submits that overtime is not heavily used.

[5] The Applicant has provided indicative rosters and calculations that demonstrate that very little overtime is worked and generally it involves employees working an extra hour or two hours or backfilling a weekend shift or to cover callouts.

[6] The indicative rosters provided by the Applicant demonstrate that employees would be better off under the Agreement even if they were required to work 12 hours on a shift.

[7] Upon review of the rosters and calculations, I am satisfied that employees would be better off overall under the Agreement.

[8] The Agreement will cover all field technicians working in New South Wales. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being geographically or organisationally distinct.

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

[10] The Agreements is approved. In accordance with section 54(1), the Agreement will operate from 28 August 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the case of JCDecaux Australia Pty Ltd, the Fair Work Commission was tasked with approving the JCDecaux Sydney Enterprise Agreement 2014. The agreement was submitted for consideration by the employer, JCDecaux Australia Pty Ltd, and was subject to the scrutiny of various stakeholders, including the union representing the employees, the Shop, Distributive and Allied Employees’ Association (SDA). The primary nature of the dispute revolved around whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The central legal issues before the commission were whether the agreement contained all the required provisions, adhered to the principles of good faith bargaining, and was free from any unfair content. Specifically, the commission had to examine if the agreement provided adequate terms and conditions for employees, ensured procedural fairness during the bargaining process, and did not include any terms that were contrary to public policy or unjust.

After reviewing the submissions and evidence presented by both parties, the commission determined that the agreement was compliant with the legislative requirements. The commission found that the agreement was the product of genuine good faith negotiations, contained all the necessary terms, and did not include any unfair provisions. Consequently, the commission approved the agreement, recognising that it met the standards necessary for endorsement under the Fair Work Act 2009. The final orders of the commission included the approval of the JCDecaux Sydney Enterprise Agreement 2014, effective from the date of the decision.

JCDecaux Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established