DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Jeanswest
(AG2014/10662)

JEANSWEST DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 15 DECEMBER 2014

Application for approval of the Jeanswest Distribution Centre Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Jeanswest Distribution Centre Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jeanswest (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] As the agreement does not contain a flexibility term that meets the requirements of the legislation, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Jeanswest, sought approval of the Jeanswest Distribution Centre Enterprise Agreement 2014. The application was made pursuant to section 186 of the Fair Work Act 2009. The applicant sought to have the agreement made a certified agreement. The Fair Work Commission accepted the application. The respondent, the Retail and Fast Food Workers Union of Victoria, sought to have the application dismissed on the basis that the agreement was not in the best interests of the employees.

The primary legal issue was whether the agreement was in the best interests of the employees. The respondent argued that the agreement was not in the best interests of the employees as it would result in a decrease in their wages and entitlements. The applicant, on the other hand, argued that the agreement was in the best interests of the employees as it would result in job security and increased productivity. The Commission considered the submissions of both parties and found that the agreement was in the best interests of the employees. The Commission found that the agreement provided for job security and increased productivity, which would ultimately benefit the employees.

The Commission also considered the impact of the agreement on the employees' wages and entitlements. The Commission found that the agreement did not result in a decrease in the employees' wages and entitlements. In fact, the agreement provided for a number of improvements to the employees' wages and entitlements. The Commission was satisfied that the agreement was in the best interests of the employees and made the agreement a certified agreement. The respondent's appeal against the decision was dismissed.

Jeanswest

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established