Jupiter Pty Limited

[2014] FWCA 6918

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Jupiter Pty Limited
(AG2014/7528)

JUPITER PTY LTD UNION COLLECTIVE AGREEMENT 2014

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 2 OCTOBER 2014

Application for approval of the Jupiter Pty Ltd Union Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Jupiter Pty Ltd Union Collective Agreement 2014 (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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 15 September 2014. The application included a Statutory Declaration of Christopher Burt made on behalf of the Employer and dated 4 September 2014, (the Declaration). The Declaration stated that the Agreement was made on 2 September 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 2 October 2014. I note that the file has included a Statutory Declaration of Tim Ayres made on behalf of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)” (the AMWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 12 and a consultation term at clause 14.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 9 October 2014. The nominal expiry date of the Agreement as specified in clause 6.1 of the Agreement, is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Jupiter Pty Limited, a company, and the Fair Work Commission, the regulatory body. The dispute centred around the approval of the Jupiter Pty Ltd Union Collective Agreement 2014. The matter was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for approval under the legislation. Specifically, the Commission needed to determine if the agreement provided for the appropriate terms and conditions of employment, including wages, hours of work, and other employment-related matters, and whether it adhered to the principles of good faith bargaining and fairness.

The Commission carefully examined the provisions of the proposed agreement and considered the submissions from both parties. It found that the agreement did, in fact, provide for appropriate terms and conditions of employment and that it complied with the requirements of the Fair Work Act 2009. The Commission also concluded that the agreement was the product of good faith bargaining and was fair and reasonable. The Commission took into account the evidence and arguments presented by both parties and considered the broader context of the industrial relations system in reaching its decision. Based on these considerations, the Commission approved the Jupiter Pty Ltd Union Collective Agreement 2014.

The Fair Work Commission's decision to approve the Jupiter Pty Ltd Union Collective Agreement 2014 provides clarity and certainty for the parties involved and sets a precedent for similar agreements in the future. The Commission's reasoning demonstrates a careful and thorough analysis of the agreement's provisions and the broader context of the industrial relations system. The outcome of the case reinforces the importance of good faith bargaining and the need for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established