DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jupiter Pty Limited
(AG2017/6321)

JUPITER PTY LTD ENTERPRISE AGREEMENT 2017

Graphic Arts
COMMISSIONER LEE	MELBOURNE, 9 JANUARY 2018

Application for approval of the Jupiter Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Jupiter Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jupiter Pty Limited. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 16 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Jupiter Pty Limited, an employer, and the Electrical Trades Union of Australia, a union representing employees. The union sought approval for the Jupiter Pty Ltd Enterprise Agreement 2017, which was intended to govern the terms and conditions of employment for certain employees. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a "good faith" bargaining product, whether it contained the mandated minimum terms and conditions, and whether the agreement was consistent with the Fair Work Act. Specifically, the Commission had to assess whether the agreement was genuinely negotiated between the parties, whether it contained the minimum entitlements prescribed by the Fair Work Act, and whether it adhered to the relevant provisions of the Act.

The Commission found that the agreement was indeed a product of genuine negotiations between the parties and contained all the mandated minimum terms and conditions. The Commission also determined that the agreement was consistent with the Fair Work Act and did not contravene any provisions of the Act. The Commission concluded that the agreement met the legal requirements for approval and granted the union's application for approval of the Jupiter Pty Ltd Enterprise Agreement 2017.

The Fair Work Commission approved the Jupiter Pty Ltd Enterprise Agreement 2017, recognising it as a valid and legally binding agreement between the employer and the union. The approval ensures that the terms and conditions of employment for the affected employees are governed by this agreement, providing clarity and certainty in the employment relationship. The Commission's decision reinforces the importance of genuine bargaining and compliance with the Fair Work Act in the formation of enterprise agreements.

Jupiter Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established