DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jotun Australia Pty Ltd
(AG2016/3113)

JOTUN AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 24 MAY 2016

Application for approval of the Jotun Australia Pty Ltd Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Jotun Australia Pty Ltd Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jotun Australia 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.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] The 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2016. The nominal expiry date of the Agreement is 8 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Jotun Australia Pty Ltd for the approval of the Jotun Australia Pty Ltd Enterprise Agreement 2016-2019. The applicants, Jotun Australia, and the respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, had reached an agreement that they sought to have endorsed by the Commission. The nature of the dispute centred on the terms and conditions of employment for workers within the enterprise, and whether the agreement met the requisite standards under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement provided for fair and reasonable terms, and whether it adhered to the provisions of the Fair Work Act. Specifically, the Commission had to consider if the agreement appropriately balanced the interests of both employers and employees, and if it complied with the 'better off overall test'. Additionally, the Commission needed to ensure that the agreement did not disadvantage any employee in a way that was not justified by a genuine occupational requirement.

In its reasoning, the Commission noted that the agreement in question contained provisions that addressed key employment terms such as wages, working hours, and conditions of employment. The Commission found that the agreement was fair and reasonable, meeting the 'better off overall test' as it provided for a comprehensive set of terms and conditions that were beneficial to the employees. The Commission also highlighted that the agreement included provisions for dispute resolution and workplace health and safety, which were in line with the statutory requirements. Consequently, the Commission approved the Jotun Australia Pty Ltd Enterprise Agreement 2016-2019, recognising its compliance with the relevant legislative framework.

The final orders of the Commission were to approve the enterprise agreement, which would then be registered by the Fair Work Commission and enforceable under the Fair Work Act. The approval signified that the agreement was fit for purpose and met all necessary legal standards, ensuring that it would govern the employment terms of the workers for the specified period.

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