Joyce Foam Pty Ltd

[2016] FWCA 1705

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Joyce Foam Pty Ltd T/A Joyce Foam Products

(AG2016/2420)

JOYCE FOAM PTY LTD TRADING AS JOYCE FOAM PRODUCTS,

MOOREBANK ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries

COMMISSIONER ROE

MELBOURNE, 18 MARCH 2016

Application for approval of the Joyce Foam Pty Ltd trading as Joyce Foam Products,

Moorebank Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Joyce Foam Pty Ltd trading as Joyce Foam Products, Moorebank Enterprise Agreement 2016

(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the

Act). It has been made by Joyce Foam Pty Ltd T/A Joyce Foam Products. The Agreement is a

single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing

and Allied Services Union of Australia, National Union of Workers, and The Australian

Workers’ Union 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.
[2016] FWCA 1705

[4] The Agreement was approved on 18 March 2016 and, in accordance with s.54, will

operate from 25 March 2016. The nominal expiry date of the Agreement is 30 November

2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Joyce Foam Pty Ltd trading as Joyce Foam Products, Moorebank Enterprise Agreement 2016. The applicant, Joyce Foam Pty Ltd, sought approval under Section 185 of the Fair Work Act 2009. The Agreement in question was a single enterprise agreement aimed at regulating the terms and conditions of employment for a specified group of employees.

The legal issues that the Commission had to address pertained to whether the requirements outlined in Sections 186, 187, and 188 of the Fair Work Act had been met, specifically concerning the selection of the employee group covered by the Agreement. Additionally, the Commission needed to verify whether the Agreement was appropriately notified to the relevant unions and whether the unions had expressed their intention for the Agreement to cover them.

The Commission concluded that all the necessary requirements for approval had indeed been fulfilled. The Commission was satisfied that the group of employees selected for coverage by the Agreement was fairly chosen, taking into account the relevant factors stipulated in Sections 186(3) and (3A) of the Fair Work Act. Furthermore, the Commission noted that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the National Union of Workers, and the Australian Workers’ Union had notified their intention for the Agreement to cover them, as required by Section 183 of the Act. Consequently, the Agreement was approved and would come into operation from 25 March 2016, with a nominal expiry date of 30 November 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established