Joyce Foam Pty Ltd t/a Joyce Foam Products

[2020] FWCA 5062

[2020] FWCA 5062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joyce Foam Pty Ltd t/a Joyce Foam Products
(AG2020/2342)

JOYCE FOAM PRODUCTS (VICTORIA) - AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 29 SEPTEMBER 2020

Application for approval of the Joyce Foam Products (Victoria) - and United Workers Union Enterprise Agreement 2020.

[1] Joyce Foam Products has applied for approval of a single enterprise agreement known as the Joyce Foam Products (Victoria) - and United Workers Union Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, the Agreement contains the mandatory terms and the Agreement passes the better off overall test. A conference was convened to discuss these concerns and further information was provided.

[3] The Applicant sought to correct a typographical error in the original application, by filing an amended application, amended Agreement and amended statutory declaration. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The United Workers' Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] The Agreement was approved on 29 September 2020 and, in accordance with s.54, will operate from 6 October 2020. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

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Annexure A