DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jotun Australia Pty Ltd
(AG2019/3713)

JOTUN AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019-2022

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 OCTOBER 2019

Application for approval of the Jotun Australia Pty Ltd Enterprise Agreement 2019-2022

[1] Jotun Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Jotun Australia Pty Ltd Enterprise Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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. The undertakings are taken to be a term of 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] 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.

[6] United Voice, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 21 October 2019 and, in accordance with s 54, will operate from 28 October 2019. The nominal expiry date of the Agreement is 8 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Jotun Australia Pty Ltd, sought the Fair Work Commission's approval of an enterprise agreement, dated 1 January 2019 to 31 December 2022. The dispute centred on the terms and conditions of employment for certain employees and the procedural fairness in the negotiation of the agreement. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The central legal issues were whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether the negotiation process was conducted with procedural fairness. The applicant argued that the agreement was fair and met all necessary conditions for approval, while the respondent raised concerns regarding the procedural fairness and potential disadvantages to employees.

The Fair Work Commission found that the agreement was consistent with the relevant provisions of the Fair Work Act and did not unfairly disadvantage any party. The commission held that the negotiation process was conducted fairly, and there were no procedural flaws that would invalidate the agreement. Consequently, the commission approved the enterprise agreement, recognising it as meeting the legal standards for workplace agreements in Australia.

The final orders of the Fair Work Commission were that the Jotun Australia Pty Ltd Enterprise Agreement 2019-2022 be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement was to be in effect from 1 January 2019 until 31 December 2022, subject to the terms and conditions outlined in the document.

Jotun Australia 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