Joyce Foam Pty Ltd

[2013] FWCA 5822

FAIR WORK COMMISSION

DECISION

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

Joyce Foam Pty Ltd
(AG2013/7015)

JOYCE FOAM PTY LTD TRADING AS JOYCE FOAM PRODUCTS, ZILLMERE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 19 AUGUST 2013

Application for approval of the Joyce Foam Pty Ltd trading as Joyce Foam Products, Zillmere Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Joyce Foam Pty Ltd trading as Joyce Foam Products, Zillmere Enterprise Agreement 2013 (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. 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.

[3] 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 26 August 2013. The nominal expiry date of the Agreement is 1 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Joyce Foam Pty Ltd, applied for approval of the Joyce Foam Pty Ltd trading as Joyce Foam Products, Zillmere Enterprise Agreement 2013. The applicant sought to have the enterprise agreement registered as a single-enterprise agreement on the register of approved agreements. The respondent, Australian Manufacturing Workers Union, did not oppose the application. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009, particularly whether the agreement was made in good faith and contained the minimum terms and conditions as specified in the Act.

The Commission examined the application and supporting documents, including the enterprise agreement and evidence of the bargaining process. The Commission noted that the agreement contained the minimum terms and conditions as required by the Act and that there was evidence of good faith bargaining between the parties. The Commission also considered the views of the respondent, who did not oppose the application. The Commission was satisfied that the agreement met the requirements of the Act and approved the enterprise agreement. The agreement was registered on the register of approved agreements, and the applicant's application was successful.

The Commission's decision highlights the importance of good faith bargaining and the need for employers and employees to work together to reach an agreement that meets the requirements of the Act. The Commission also noted the importance of ensuring that employees are protected by a fair and reasonable enterprise agreement. The decision provides guidance for employers and employees on the requirements for an enterprise agreement and the importance of following the bargaining process set out in the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established