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

Annexure A

The case involved Joyce Foam Pty Ltd, trading as Joyce Foam Products, and its employees, represented by the United Voice union. The company sought approval of its proposed Enterprise Agreement 2020, which was to be applied to the employees under the Fair Work Act 2009. The application was heard in the Fair Work Commission, with Commissioner McCabe presiding.

The primary legal issue was whether the proposed Enterprise Agreement met the "better off overall test" as stipulated in the Fair Work Act. This test required the employees to be no worse off financially and at least as well off in terms of other conditions compared to their previous enterprise agreement or the applicable award. The court needed to assess if the proposed agreement complied with these requirements and whether it was in the interests of the employees.

The court considered the submissions from both parties and examined the terms of the proposed agreement. The commission found that the proposed agreement met the "better off overall test" and was in the interests of the employees. The agreement provided for a fair balance between the parties, with reasonable changes to working conditions and compensation. The commission concluded that the proposed agreement was fair and reasonable, and therefore approved it. The employees would now be bound by the terms of the Enterprise Agreement 2020.

Joyce Foam 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