DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joyce Foam Pty Ltd
(AG2015/1245)

JOYCE FOAM PRODUCTS (VICTORIA) - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 23 JUNE 2015

Application for approval of the Joyce Foam Products (Victoria) - National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Joyce Foam Products (Victoria) - National Union of Workers Enterprise Agreement 2015 (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. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Joyce Foam Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The National Union of Workers, 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2015. The nominal expiry date of the Agreement is 1 April 2016.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Joyce Foam Pty Ltd, the applicant, sought approval for the Joyce Foam Products (Victoria) - National Union of Workers Enterprise Agreement 2015. The applicant argued that the proposed agreement was fair and reasonable for the purposes of the Fair Work Act 2009. The applicant contended that the agreement was necessary to ensure the continued competitiveness of the business and the sustainability of the employees' jobs. The respondent, the National Union of Workers, did not oppose the application, but argued that the process of approval should be scrutinized to ensure procedural fairness. The case was heard in the Fair Work Commission.

The central legal issues were whether the proposed enterprise agreement was fair and reasonable, and whether the process of approval was procedurally fair. The court had to consider the potential impact of the agreement on the employees, the business, and the wider industry. The court also had to examine the procedural fairness of the approval process, including the opportunity for the parties to be heard and the adequacy of the reasons for the decision.

The court found that the proposed agreement was fair and reasonable, as it balanced the interests of the employees and the business. The court noted that the agreement provided for reasonable terms and conditions of employment, while also allowing the business to remain competitive. The court also found that the approval process was procedurally fair, as the parties had an opportunity to be heard and the decision-making process was transparent. The court was satisfied that the agreement would not have an adverse effect on the employees or the wider industry.

The Fair Work Commission approved the Joyce Foam Products (Victoria) - National Union of Workers Enterprise Agreement 2015, subject to certain conditions. The court ordered that the agreement be registered with the Fair Work Commission and that the parties be given notice of the registration. The court also ordered that the agreement be published on the Fair Work Commission's website. The court noted that the agreement would remain in force until the next scheduled review or until it was varied or terminated in accordance with its terms.

Joyce Foam Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established