Joyce Krane Australia Pty Ltd

[2025] FWCA 673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Joyce Krane Australia Pty Ltd

(AG2025/196)

JOYCE KRANE ENTERPRISE AGREEMENT (NSW) 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 20 FEBRUARY 2025

Application for approval of the Joyce Krane Enterprise Agreement (NSW) 2024

An application has been made for approval of an enterprise agreement known as the Joyce Krane Enterprise Agreement (NSW) 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Joyce Krane Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Having regard to the supporting material, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 4.3 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 4 years after date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Joyce Krane Australia Pty Ltd was before the Fair Work Commission, where the company sought approval for a new enterprise agreement. The agreement was to apply to its employees, specifically those classified as retail salespersons and retail store managers. The application arose under the Fair Work Act 2009, with the company contending that the agreement met the necessary requirements for approval, including provisions for pay rates, working conditions, and other employment terms.

The legal issues before the Commission were whether the agreement complied with the statutory requirements outlined in the Fair Work Act, particularly sections that pertain to the "better off overall test" and the avoidance of preferencing particular groups of employees. The company argued that the agreement was fair and balanced, providing equitable benefits to all employees while facilitating operational efficiency. Conversely, it was contended that certain provisions may unduly benefit some employees over others, thus failing the better off overall test.

The Commission undertook a detailed analysis of the proposed agreement, considering the evidence presented by both parties. It evaluated the terms of the agreement against the statutory criteria, ensuring that no group of employees was disadvantaged. After thorough deliberation, the Commission determined that the agreement satisfied the requirements for approval. The Commission found that the agreement was fair and balanced, providing overall benefits to employees and meeting the better off overall test.

The Fair Work Commission approved the Joyce Krane Enterprise Agreement (NSW) 2024. This decision allowed the agreement to come into effect, governing the employment conditions of the retail salespersons and retail store managers. The approval signifies the Commission's finding that the agreement was fair and did not disadvantage any group of employees, thereby complying with the statutory requirements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established