John Cotton Australia Pty Ltd Summary

[2021] FWCA 6928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Cotton Australia Pty Ltd
(AG2021/8539)

JOHN COTTON AUSTRALIA PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020 - 2024

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 1 DECEMBER 2021

Application for approval of the John Cotton Australia Pty Ltd and United Workers Union Enterprise Agreement 2020 - 2024

[1] An application has been made for approval of an enterprise agreement to be known as the John Cotton Australia Pty Ltd and United Workers Union Enterprise Agreement 2020 - 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by John Cotton Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] 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.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2021. The nominal expiry date of the Agreement is 31 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves John Cotton Australia Pty Ltd and the United Workers Union, who have submitted an enterprise agreement for approval. The matter was heard in the Fair Work Commission. The dispute centres on whether the proposed agreement adequately addresses the requirements of the Fair Work Act 2009, specifically focusing on its compliance with provisions relating to minimum wages, penalty rates, and other conditions of employment.

The court was tasked with determining whether the agreement met the criteria for approval, including its compliance with the "better off overall test" and whether it provided for fair and reasonable terms for the employees. The court also considered whether the agreement contained appropriate dispute resolution mechanisms and if it adequately addressed the needs of both the employer and the employees.

In its decision, the Fair Work Commission found that the agreement generally met the statutory requirements. The court considered the agreement to be fair and reasonable, providing for minimum wages and penalty rates that were in line with the broader industrial standards. The commission also noted the inclusion of appropriate dispute resolution mechanisms and found that the agreement provided a fair balance between the rights and interests of the employer and the employees. Consequently, the Fair Work Commission approved the enterprise agreement, determining it to be compliant with the Fair Work Act 2009.

The court ordered the approval of the John Cotton Australia Pty Ltd and United Workers Union Enterprise Agreement 2020 - 2024, confirming its compliance with all relevant legislative requirements. The agreement will now be in effect for the specified period, governing the employment terms and conditions of the employees involved.

John Cotton Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established