DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joyce Foam Pty Ltd T/A Joyce Foam Products
(AG2019/1538)

JOYCE FOAM PTY LTD TRADING AS JOYCE FOAM PRODUCTS, MOOREBANK ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 11 JULY 2019

Application for approval of the Joyce Foam Pty Ltd trading as Joyce Foam Products Moorebank Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Joyce Foam Pty Ltd trading as Joyce Foam Products Moorebank Enterprise Agreement 2018 (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 T/A Joyce Foam Products. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to 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.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] 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.

[8] The National Union of Workers, New South Wales Branch 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 the organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2019. The nominal expiry date of the Agreement is 30 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Joyce Foam Pty Ltd, trading as Joyce Foam Products, applied for approval of the Joyce Foam Pty Ltd trading as Joyce Foam Products Moorebank Enterprise Agreement 2018. The applicant, an employer, and the respondent, a trade union, sought to finalise the terms of employment for certain employees under the proposed agreement. The legal issues centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was appropriately made.

The Commission examined whether the agreement contained the necessary minimum terms, was made in good faith, and adhered to the procedural requirements. The Commission also considered whether the agreement provided for proper protections and whether it was in the best interests of the employees. The applicant argued that the agreement was fairly negotiated and provided adequate protections, while the union contended that certain terms did not meet the statutory minimum standards.

After reviewing the evidence and submissions, the Commission determined that the agreement substantially complied with the relevant statutory requirements. The Commission found that while some minor amendments were necessary, the overall agreement was fair and appropriate. The Commission approved the agreement with specific modifications to ensure compliance with the Fair Work Act 2009.

The Commission ordered that the Joyce Foam Pty Ltd trading as Joyce Foam Products Moorebank Enterprise Agreement 2018 be approved with the specified amendments. These amendments were designed to address the minor deficiencies identified during the review process, ensuring the agreement met all legal requirements and provided appropriate protections for the employees.

Joyce Foam Pty Ltd T/A Joyce Foam Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established