DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jeanswest Corporation Pty Ltd T/A Jeanswest
(AG2017/4308)

JEANSWEST DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 23 OCTOBER 2017

Application for approval of the Jeanswest Distribution Centre Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Jeanswest Distribution Centre Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jeanswest Corporation Pty Ltd T/A Jeanswest. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Textile, Clothing and Footwear Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Jeanswest Corporation Pty Ltd, trading as Jeanswest, applied for the approval of the Jeanswest Distribution Centre Enterprise Agreement 2017. The union representing the employees, Shop, Distributive and Allied Employees' Association (SDA), opposed the application on various grounds, including that the agreement did not provide adequate protections for employees during periods of parental leave and that it did not sufficiently address the issue of rostered days off in lieu. The central dispute was whether the agreement met the legal requirements for approval under the Fair Work Act 2009, particularly in terms of protecting employee interests and ensuring procedural fairness.

The primary legal issues before the Commission were whether the agreement provided adequate protections for employees during parental leave, if it was free from unlawful content, and if it had been negotiated in good faith. The Commission examined the provisions of the agreement in light of relevant legislative provisions and considered the submissions from both parties. It also evaluated whether the agreement complied with the statutory requirements for procedural fairness and if it provided for proper consultation with employee representatives.

The Commission found that while the agreement generally met the statutory requirements, certain provisions related to parental leave did not adequately protect employees. The Commission noted that the agreement did not provide for specific protections during parental leave, which was a significant concern given the importance of this issue. Additionally, the Commission determined that the agreement was free from unlawful content and had been negotiated in good faith. After making some modifications to the agreement to address the concerns about parental leave, the Commission approved the Jeanswest Distribution Centre Enterprise Agreement 2017.

The final orders of the Commission included the approval of the agreement, subject to the modifications made to better protect employees during periods of parental leave. The Commission also directed that the agreement be implemented from the date of the decision. The modifications ensured that the agreement complied with the relevant legislative requirements and protected the interests of the employees more effectively.

Jeanswest Corporation Pty Ltd T/A Jeanswest

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established