DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JCDecaux Australia Trading Pty Ltd
(AG2019/4990)

JCDECAUX SYDNEY ENTERPRISE AGREEMENT 2020

Miscellaneous
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 FEBRUARY 2020

Application for approval of the JCDecaux Sydney Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the JCDecaux Sydney Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 February 2020. The nominal expiry date of the Agreement is 13 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved JCDecaux Australia Trading Pty Ltd and its employees. The company sought approval for the JCDecaux Sydney Enterprise Agreement 2020, which proposed changes to the terms and conditions of employment for its workers. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements for approval, and whether the terms of the agreement were fair and reasonable. The Commission had to consider whether the agreement had been genuinely negotiated, whether it contained the necessary minimum terms and conditions, and whether it provided for appropriate dispute resolution mechanisms. Additionally, the Commission needed to assess whether the agreement met the "better off overall test," which requires that employees be no worse off financially and have some additional benefits compared to the applicable award or registered agreement.

After reviewing the evidence and submissions from both parties, the Fair Work Commission approved the JCDecaux Sydney Enterprise Agreement 2020. The Commission found that the agreement had been genuinely negotiated, contained the necessary minimum terms and conditions, and provided for appropriate dispute resolution mechanisms. The Commission also determined that the agreement met the better off overall test, as employees would be no worse off financially and had additional benefits, such as improved leave entitlements and increased pay rates. The Commission was satisfied that the agreement was fair and reasonable and approved it accordingly.

In summary, the Fair Work Commission approved the JCDecaux Sydney Enterprise Agreement 2020, finding that it met the legal requirements for approval under the Fair Work Act 2009. The agreement was genuinely negotiated, contained the necessary minimum terms and conditions, provided for appropriate dispute resolution mechanisms, and met the better off overall test. The Commission's decision ensures that the agreement will govern the terms and conditions of employment for JCDecaux Australia Trading Pty Ltd's employees in Sydney.

JCDecaux Australia Trading Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established