DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jomal Pty Ltd
(AG2016/4011)

SUNNYMEADE SUPPORT STAFF ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER LEE	MELBOURNE, 6 OCTOBER 2016

Application for approval of the Sunnymeade Support Staff Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sunnymeade Support Staff Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jomal Pty Ltd. 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 Australian Workers’ Union 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 13 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jomal Pty Ltd, a company engaged in manufacturing and distribution of steel products, applied for approval of the Sunnymeade Support Staff Enterprise Agreement 2016. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The applicants included the employer, Jomal Pty Ltd, and the Australian Manufacturing Workers' Union, which represented the employees. The dispute centred on the terms and conditions of employment for support staff, including wages, working hours, and other entitlements.

The central legal issues before the Commission were whether the agreement was a "small business enterprise agreement" as defined under the Act and whether it complied with the procedural and substantive requirements set out in the legislation. Specifically, the Commission needed to assess whether the agreement had been genuinely negotiated and if it contained the minimum terms and conditions as stipulated by the Act. Additionally, the Commission examined whether the agreement provided for a fair and reasonable process for resolving disputes.

The Fair Work Commission found that the agreement was genuinely negotiated and met the procedural requirements of the Act. The Commission also determined that the agreement contained the minimum terms and conditions required by law and was fair and reasonable. In reaching its decision, the Commission considered the submissions from both parties, the evidence presented, and relevant legal principles. Based on these factors, the Commission approved the Sunnymeade Support Staff Enterprise Agreement 2016.

The Fair Work Commission approved the Sunnymeade Support Staff Enterprise Agreement 2016, effective from the date of the decision. This approval signifies that the agreement is legally binding and can be enforced between the employer and the employees represented by the union.

Jomal 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