DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JCK Nominees Pty Ltd t/a Gloria Jeans Coffee Southland
(AG2019/2232)

JCK NOMINEES PTY LTD ENTERPRISE AGREEMENT 2019

Fast food industry
DEPUTY PRESIDENT COLMAN	SYDNEY, 22 AUGUST 2019

Application for approval of the JCK Nominees Pty Ltd Enterprise Agreement 2019

[1] JCK Nominees Pty Ltd t/a Gloria Jeans Coffee Southland has made an application for approval of an enterprise agreement known as the JCK Nominees Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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.

[3] 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.

[4] The Agreement was approved on 22 August 2019 and, in accordance with s 54, will operate from 29 August 2019. The nominal expiry date of the Agreement is 22 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves JCK Nominees Pty Ltd, trading as Gloria Jeans Coffee Southland, which applied to the Fair Work Commission for approval of its 2019 Enterprise Agreement. The application was contested by the Australian Services Union, which argued that certain provisions of the agreement did not meet the statutory requirements for approval. The matter was heard by Deputy President D. A. O’Callaghan in the Fair Work Commission.

The legal issues before the court included whether the proposed enterprise agreement complied with the statutory framework for such agreements, particularly in terms of minimum entitlements, procedural fairness, and the appropriate scope of bargaining. The court needed to determine whether the agreement was made in good faith, whether it provided for minimum entitlements, and if it was appropriately certified by an accredited bargaining representative.

Deputy President O'Callaghan found that the agreement was generally compliant with the statutory requirements. The court noted that while there were some minor procedural issues, these did not detract from the overall fairness and good faith of the agreement. The Deputy President was satisfied that the agreement provided for all minimum entitlements and that the process by which it was made was procedurally fair. As a result, the Deputy President approved the enterprise agreement, finding it met the necessary legal standards for registration.

As a result of the Deputy President's decision, the Fair Work Commission approved the JCK Nominees Pty Ltd Enterprise Agreement 2019. This decision provides clarity on the requirements for enterprise agreements in the context of the Fair Work Act and ensures that the rights and obligations of both employers and employees are protected.

JCK Nominees Pty Ltd t/a Gloria Jeans Coffee Southland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established