JCDecaux Australia Trading Pty Ltd

[2024] FWCA 1525

[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.

1. 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.

1. 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]

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.

1. 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.

1. 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.

1. 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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