JCDecaux Australia Trading Pty Ltd

[2024] FWCA 3895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JCDecaux Australia Trading Pty Ltd

(AG2024/3851)

JCDECAUX BRISBANE ENTERPRISE AGREEMENT 2024

Industries not otherwise assigned
COMMISSIONER MCKINNON	SYDNEY, 7 NOVEMBER 2024

Application for approval of the JCDecaux Brisbane Enterprise Agreement 2024

JCDecaux Australia Trading Pty Ltd has applied for approval of a single enterprise agreement known as the JCDecaux Brisbane Enterprise Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 14 November 2024. The nominal expiry date of the Agreement is 7 November 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were JCDecaux Australia Trading Pty Ltd and its employees, represented by the Retail and Fast Food Workers Union of Australia. The dispute centred around the approval of the JCDecaux Brisbane Enterprise Agreement 2024, which was to govern the employment terms and conditions for certain employees of JCDecaux Australia. The matter was heard in the Fair Work Commission, where the Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the JCDecaux Brisbane Enterprise Agreement 2024 satisfied the statutory criteria for approval. This involved assessing whether the agreement provided for minimum rates of pay and conditions, whether it had been negotiated in good faith, and whether it met the standards of procedural fairness. The Commission also needed to consider whether the agreement provided for the resolution of disputes between the parties.

The Commission found that the JCDecaux Brisbane Enterprise Agreement 2024 did indeed meet the statutory criteria for approval. It was concluded that the agreement provided for minimum rates of pay and conditions, and that it had been negotiated in good faith. The procedural fairness was also upheld, as all parties had the opportunity to participate in the negotiation process. Furthermore, the agreement contained provisions for the resolution of disputes between the parties. As such, the Commission approved the agreement, finding it to be compliant with the relevant legislation.

The final orders of the Commission were that the JCDecaux Brisbane Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. This outcome provides certainty and stability for both the employer and employees covered by the agreement, and ensures that their employment terms and conditions are governed by a legally approved and enforceable enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established