Joyce Foam Pty Ltd T/A Joyce Foam Products
[2024] FWCA 230
•18 JANUARY 2024
| [2024] FWCA 230 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Joyce Foam Pty Ltd T/A Joyce Foam Products
(AG2023/5040)
JOYCE FOAM PTY LTD – NSW ENTERPRISE AGREEMENT 2023-2026
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 18 JANUARY 2024 |
Application for approval of the Joyce Foam Pty Ltd – NSW Enterprise Agreement 2023-2026.
Joyce Foam Pty Ltd T/A Joyce Foam Products (the Employer) has made an application for the approval of the Joyce Foam Pty Ltd – NSW Enterprise Agreement 2023-2026 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2024. The nominal expiry date of the Agreement is 30 November 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523183 PR770408>
Annexure A
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