JCDecaux Australia Trading Pty Ltd

[2024] FWCA 1525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JCDecaux Australia Trading Pty Ltd

(AG2024/1043)

JCDECAUX MELBOURNE ENTERPRISE AGREEMENT 2024

Industries not otherwise assigned
DEPUTY PRESIDENT BELL	MELBOURNE, 24 APRIL 2024

Application for approval of the JCDECAUX MELBOURNE ENTERPRISE AGREEMENT 2024.

An application has been made for approval of an enterprise agreement known as the JCDECAUX MELBOURNE ENTERPRISE AGREEMENT 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer JCDecaux Australia Trading Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 21 February 2024 and the Agreement was made on 21 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

Correspondence was sent by my chambers to the employer raising potential concerns regarding patterns of work and their potential impact on the better off overall test (BOOT). The concern was in regard to Monday-Friday overtime penalties provided under the Agreement when compared to the Award, for casual and part-time employees who may be required to regularly work outside of ordinary hours. The Employer provided details of overtime worked over the previous 12 months and matters pertaining to roster that, relevantly, satisfied me that overtime exceeding 3 hours, including by casuals, is not reasonably foreseeable.

I am satisfied for the purpose of s.193A(6), and determine under s.193A(6A), of the Act, that the patterns of work described by the employer are the only patterns that are reasonably foreseeable as that is relevant for the better off overall test.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 24 April 2024 and, in accordance with s.54 of the Act, will operate from 1 May 2024. The nominal expiry date of the Agreement is 23 April 2028.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by JCDecaux Australia Trading Pty Ltd for the approval of the JCDECAUX MELBOURNE ENTERPRISE AGREEMENT 2024. The dispute centred on the terms and conditions outlined in the proposed agreement, specifically addressing the employment conditions of workers in the outdoor advertising industry in Melbourne. The commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The central legal issues before the commission involved the fairness and compliance of the proposed enterprise agreement. The commission had to assess whether the agreement provided adequate safeguards for employee entitlements, including wages, hours of work, and other employment conditions. Additionally, the commission examined whether the agreement allowed for proper consultation between the employer and employees and whether it met the statutory requirements for an enterprise agreement.

In its reasoning, the commission found that the JCDECAUX MELBOURNE ENTERPRISE AGREEMENT 2024 was generally fair and compliant with the legislative requirements. The commission acknowledged the agreement's provisions for minimum wages, working hours, and other employment conditions, which were consistent with the standards set out in the Fair Work Act. The commission also noted the procedures for employee consultation and the measures to ensure that the agreement was not unfairly disadvantageous to employees. Based on these findings, the commission approved the agreement, recognising its alignment with the statutory criteria for fairness and compliance.

The Fair Work Commission approved the JCDECAUX MELBOURNE ENTERPRISE AGREEMENT 2024, effective from 1 April 2024. The decision affirmed the agreement's compliance with the requirements of the Fair Work Act, ensuring that the employment conditions for workers in the outdoor advertising industry in Melbourne were adequately protected and fair.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established