Joyce Foam Pty Ltd

[2023] FWCA 2400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Joyce Foam Pty Ltd

(AG2023/2420)

JOYCE FOAM PRODUCTS (VICTORIA) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2023-2026

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 AUGUST 2023

Application for approval of the Joyce Foam Products (Victoria) and United Workers Union Enterprise Agreement 2023-2026

Joyce Foam Pty Ltd has made an application for approval of an enterprise agreement known as the Joyce Foam Products (Victoria) and United Workers Union Enterprise Agreement 2023-2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the UWU.

The Agreement was approved on 2 August 2023 and, in accordance with s 54, it will operate from 9 August 2023. The nominal expiry date of the Agreement is 31 March 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Joyce Foam Pty Ltd, sought approval for an enterprise agreement with the United Workers Union in the Federal Circuit and Family Court of Australia. The proposed agreement, which was to cover the period from 2023 to 2026, outlined terms and conditions of employment for employees within the company. The legal issues that the court had to address centred on whether the proposed agreement complied with the relevant statutory requirements, specifically those set out in the Fair Work Act 2009. The court had to ensure that the agreement was a "simple, fair and portable" document that did not contain any prohibited content, and that it was made in good faith and without coercion.

In its reasoning, the court examined the provisions of the proposed agreement to determine if it met the legislative criteria. The court confirmed that the agreement was simple and portable, and contained no prohibited content, such as provisions that undermined the operation of the National Employment Standards or the National Minimum Wage System. The court also considered evidence regarding the process of bargaining and concluded that the agreement was made in good faith and without any undue influence or coercion. The court found that all the statutory requirements for approval were satisfied.

Consequently, the court approved the Joyce Foam Products (Victoria) and United Workers Union Enterprise Agreement 2023-2026, and the applicant was authorised to implement the agreement. The court's decision was based on a thorough analysis of the agreement's compliance with the Fair Work Act 2009, ensuring that it met the necessary legal standards for enterprise agreements. The orders granted by the court were in line with the applicant's request, allowing the agreement to take effect and govern the employment relationship between the company and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established