DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JCDecaux Australia Trading Pty Ltd
(AG2020/779)

JCDECAUX MELBOURNE ENTERPRISE AGREEMENT 2020

Miscellaneous
DEPUTY PRESIDENT CLANCY	MELBOURNE, 16 APRIL 2020

Application for approval of the JCDECAUX MELBOURNE ENTERPRISE AGREEMENT 2020.

[1] An application has been made for approval of an enterprise agreement known as the JCDecaux Melbourne Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JCDecaux Australia Trading Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of JCDecaux Australia Trading Pty Ltd, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] JCDecaux Australia Trading Pty Ltd has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are therefore taken to be a term of the agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 16 April 2020 and, in accordance with s.54, will operate from 23 April 2020. The nominal expiry date of the Agreement is 17 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of JCDecaux Australia Trading Pty Ltd was heard in the Fair Work Commission, where the central dispute involved the application for approval of the JCDecaux Melbourne Enterprise Agreement 2020. The applicant, JCDecaux Australia Trading Pty Ltd, sought approval of the agreement, which outlined the terms and conditions of employment for its employees. The primary focus of the application was to ensure the agreement complied with the relevant industrial laws and provided fair and reasonable terms for both the employer and employees.

The legal issues before the Commission included whether the agreement met the criteria for being "registered" under the Fair Work Act 2009, including whether it contained all the mandated terms and conditions, provided for a fair and reasonable process for the resolution of workplace disputes, and ensured that employees were not disadvantaged by the agreement. The Commission also needed to consider whether the agreement had been genuinely negotiated and if it provided for appropriate processes for employees to have their views considered.

In delivering its decision, the Fair Work Commission examined the provisions of the agreement against the statutory requirements. The Commission determined that the JCDecaux Melbourne Enterprise Agreement 2020 included all the mandated terms and conditions, provided for a fair and reasonable process for the resolution of workplace disputes, and did not disadvantage employees. Furthermore, the Commission found that the agreement had been genuinely negotiated and provided for appropriate processes for employees to have their views considered. Based on these findings, the Commission approved the agreement, finding it met the necessary legal standards.

The final orders of the Commission were that the JCDecaux Melbourne Enterprise Agreement 2020 be approved and registered under the Fair Work Act 2009. The approval ensures that the terms and conditions outlined in the agreement are legally binding and enforceable for the duration specified in the agreement.

JCDecaux Australia Trading Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established