Jotun Australia Pty Ltd

[2019] FWCA 7271

[2019] FWCA 7271

FAIR WORK COMMISSION

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

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<AE505822 PR713557>

Annexure A