Joyce Foam Pty Ltd T/A Joyce Foam Products Summary

[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

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Joyce Foam Pty Ltd, trading as Joyce Foam Products, sought approval of the proposed NSW Enterprise Agreement 2023-2026. The application was contested by the Australian Manufacturing Workers' Union, which raised concerns about certain provisions of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement provided for minimum terms and conditions of employment, including wages, and whether it adhered to the procedural requirements set out in the Fair Work Act. The Commission also had to consider if the agreement was made in good faith and if it was likely to achieve a productive workplace. Furthermore, the Commission needed to assess if the agreement adequately addressed the needs of the employees and the business.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the proposed agreement did indeed provide for minimum terms and conditions of employment. The Commission determined that the agreement had been made in good faith and was likely to achieve a productive workplace. The Commission also concluded that the agreement was fair and reasonable, taking into account the needs of both the employees and the business. As a result, the Commission approved the Joyce Foam Pty Ltd – NSW Enterprise Agreement 2023-2026.

The Commission's approval of the agreement means that it will now be legally binding on the parties and will govern the employment conditions for the duration of the agreement. The Commission's decision confirms the importance of fair and reasonable enterprise agreements in promoting productive and harmonious workplace relations.

Joyce Foam Pty Ltd T/A Joyce Foam Products

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established