DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jerdanna Pty Ltd T/A Caltex Star Shop Livingston
(AG2018/2934)

JERDANNA PTY LTD ENTERPRISE AGREEMENT 2018

Vehicle industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 23 NOVEMBER 2018

Application for approval of the Jerdanna Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Jerdanna Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jerdanna Pty Ltd T/A Caltex Star Shop Livingston. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 23 November 2018 and, in accordance with s.54, will operate from 30 November 2018. The nominal expiry date of the Agreement is 23 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Jerdanna Pty Ltd, trading as the Caltex Star Shop in Livingston, and its employees. The primary dispute centred on the approval of the Enterprise Agreement 2018, which the company sought to implement. The application for approval was lodged with the Fair Work Commission, which had the authority to assess the agreement's compliance with relevant laws and regulations. The employees, represented by their union, contested several provisions within the proposed agreement, arguing they did not meet the necessary standards for fairness and compliance with the Fair Work Act 2009.

The legal issues before the Commission involved scrutiny of the proposed agreement's terms and conditions, specifically focusing on whether the provisions met the 'better-off-overall-test', ensured minimum entitlements, and were made in good faith. The Commission had to determine whether the agreement provided employees with at least the minimum safety net entitlements, was free from any coercive conduct, and was genuinely negotiated. The central question was whether the proposed agreement was fair and reasonable, considering the interests of both the employer and the employees.

In its decision, the Fair Work Commission assessed each contested provision of the agreement against statutory criteria. The Commission determined that, while some provisions did not meet the required standards, others were acceptable. The Commission made several modifications to ensure the agreement complied with the necessary legal requirements. Ultimately, the Fair Work Commission approved the Enterprise Agreement 2018 with certain conditions and modifications, ensuring that it met the statutory requirements for fairness and compliance. The Commission's decision was based on a detailed analysis of the provisions and their impact on the employees' rights and entitlements.

Jerdanna Pty Ltd T/A Caltex Star Shop Livingston

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established