DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joyce Foam Pty Ltd T/A Joyce Foam Products
(AG2016/4598)

JOYCE FOAM PTY LTD TRADING AS JOYCE FOAM PRODUCTS, ZILLMERE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 24 AUGUST 2016

Application for approval of the Joyce Foam Pty Ltd trading as Joyce Foam Products, Zillmere Enterprise Agreement 2016.

[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 2016 (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 T/A Joyce Foam Products. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2016. The nominal expiry date of the Agreement is 1 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Joyce Foam Pty Ltd trading as Joyce Foam Products, applied for approval of an enterprise agreement. The applicant sought approval of the Joyce Foam Pty Ltd T/A Joyce Foam Products, Zillmere Enterprise Agreement 2016. The applicant argued that the agreement was a lawful agreement under the Fair Work Act 2009. The dispute arose because the respondent, the Union of Shop, Distributive and Allied Employees, did not consent to the application for approval. The union argued that the agreement was not a lawful agreement because it did not meet the requirements of section 230 of the Act.
The central legal issues were whether the agreement was a lawful agreement under the Act and whether the union's objections were valid. The court had to consider whether the agreement had been negotiated in good faith, whether it had been appropriately certified, and whether it complied with the provisions of the Act. The court also had to determine whether the union's objections were valid and whether they provided a sufficient basis for refusing approval of the agreement.
The court found that the agreement was a lawful agreement under the Act. The court held that the agreement had been negotiated in good faith and that it had been appropriately certified. The court also found that the agreement complied with the provisions of the Act. The court rejected the union's objections, finding that they were not valid and did not provide a sufficient basis for refusing approval of the agreement. The court approved the agreement and made orders accordingly.

The court ordered that the Joyce Foam Pty Ltd T/A Joyce Foam Products, Zillmere Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009. The court also ordered that the agreement be registered in the Register of Approved Agreements. The union's objections were dismissed, and the applicant's application for approval was granted.

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