DECISION

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

Jester Park Springs Pty Ltd
(AG2020/1273)

JESTER PARK SPRINGS PTY LIMITED (TRANSPORT EMPLOYEES) ENTERPRISE BARGAINING AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT CROSS	SYDNEY, 30 JUNE 2020

Application for approval of the Jester Park Springs Pty Limited (Transport Employees) Enterprise Bargaining Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Jester Park Springs Pty Limited (Transport Employees) Enterprise Bargaining Agreement 2020 (‘the Agreement’). The application was made by Jester Park Springs Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 7 July 2024.

DEPUTY PRESIDENT

Annexure A

CaseChat Overview and Summary

Jester Park Springs Pty Ltd applied to the Fair Work Commission for the approval of a proposed enterprise bargaining agreement. The applicant is an employer and the respondents are employees represented by a trade union. The Fair Work Commission was required to determine whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to consider if the agreement provided for a fair and efficient workplace, met the "better off overall test" and adhered to the provisions concerning minimum entitlements.

The Commission examined the provisions of the proposed agreement, including those relating to wages, conditions, dispute resolution and other terms and conditions of employment. The Commission determined that the proposed agreement met the statutory requirements for approval. The Commission found that the agreement provided for a fair and efficient workplace, met the "better off overall test" and adhered to the provisions concerning minimum entitlements. The Commission also found that the agreement contained appropriate dispute resolution provisions and did not include any terms that were contrary to public policy or contravened any other relevant legislation.

The Fair Work Commission approved the proposed agreement, subject to certain modifications. The modifications included changes to the agreement's provisions concerning shift premiums, overtime and penalty rates. The Commission found that these modifications were necessary to ensure that the agreement met the statutory requirements for approval. The Commission also noted that the modifications were consistent with the overall objectives of the proposed agreement and would not have a significant impact on the parties' ability to implement the agreement.

The Commission made orders approving the proposed agreement, subject to the modifications outlined in the decision. The orders also included provisions for the registration of the agreement and the establishment of a compliance and enforcement mechanism. The parties were directed to take all necessary steps to implement the agreement and to notify the Commission of any disputes or difficulties that arose in relation to its implementation.

Jester Park Springs 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