Joyce Foam Pty Ltd

[2021] FWCA 1276

[2021] FWCA 1276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joyce Foam Pty Ltd
(AG2021/255)

JOYCE FOAM PTY LTD TRADING AS JOYCE FOAM PRODUCTS, MOOREBANK ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 10 MARCH 2021

Application for approval of the Joyce Foam Pty Ltd trading as Joyce Foam Products, Moorebank Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Application for approval of the Joyce Foam Pty Ltd trading as Joyce Foam Products, Moorebank Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Joyce Foam Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 4 March 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisations (both of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

United Workers’ Union (UWU); and

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations. Although the Australian Workers’ Union (AWU) is included in the terms of the Agreement as a party, no order is made for the AWU to be covered by the Agreement as it does not seek to be covered.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2021. The nominal expiry date of the Agreement is 30 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A