Joyce Foam Pty Ltd

[2014] FWCA 3115

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Joyce Foam Pty Ltd
(AG2014/800)

JOYCE FOAM PRODUCTS (VICTORIA) - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 12 MAY 2014

Application for approval of the Joyce Foam Products (Victoria) - National Union of Workers Enterprise Agreement 2014.

[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 2014 (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 terms of the Agreement. A copy of the undertakings are attached to this decision as Attachment A.

[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 to be covered by the Agreement. 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 19 May 2014. The nominal expiry date of the Agreement is 1 April 2015.

DEPUTY PRESIDENT

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Joyce Foam Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Joyce Foam Products (Victoria) - National Union of Workers Enterprise Agreement 2014. The NUW sought to intervene on the basis that the enterprise agreement did not meet the requirements of the Fair Work Act 2009. The central issues before the Commission were whether the enterprise agreement provided for a proper process for the resolution of disputes and whether it contained provisions that were contrary to public policy.

The FWC found that the enterprise agreement contained provisions that were contrary to public policy, specifically those that allowed for the dismissal of an employee without just cause or reason. This was a contravention of section 234 of the Fair Work Act 2009, which prohibits the dismissal of an employee for reasons that are harsh, unjust, or unreasonable. The FWC also found that the enterprise agreement did not provide for a proper process for the resolution of disputes, as it did not include a provision for the fair and timely investigation of disputes. The FWC determined that the enterprise agreement did not meet the requirements of the Fair Work Act 2009 and therefore could not be approved.

The FWC ordered that the enterprise agreement be disallowed and could not be registered. The FWC also ordered that the employer and the union negotiate a new enterprise agreement that complied with the Fair Work Act 2009. The employer and the union were required to notify the FWC of any new enterprise agreement within 30 days of its execution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established