DECISION

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

Jupiter Pty Limited
(AG2020/3324)

JUPITER PTY LTD ENTERPRISE AGREEMENT 2020

Graphic Arts
DEPUTY PRESIDENT CROSS	SYDNEY, 23 NOVEMBER 2020

Application for approval of the Jupiter Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Jupiter Pty Ltd Enterprise Agreement 2020 (‘the Agreement’). The application was made by Jupiter Pty Limited (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Australian Manufacturing Workers’ Union (“the AMWU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the AMWU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jupiter Pty Limited sought approval of the Jupiter Pty Ltd Enterprise Agreement 2020 in the Fair Work Commission. The agreement was made between the employer, Jupiter Pty Limited, and the employees represented by the National Tertiary Education Union. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The employees argued that the agreement contained provisions that were not in compliance with the statutory requirements, particularly concerning the handling of employee grievances and the process for resolving disputes.

The legal issues that the Commission had to address were whether the agreement adequately provided for the protection of employees' rights, including fair treatment, and whether it complied with the provisions of the Fair Work Act, particularly concerning the establishment of a dispute resolution process. The Commission examined the provisions of the agreement to determine if they allowed for fair and effective resolution of disputes between the parties.

The Commission found that while the agreement contained provisions that were generally favourable to the employees, there were deficiencies in the way the agreement dealt with the resolution of disputes and the handling of grievances. The Commission held that the agreement did not sufficiently protect employees' rights to a fair process in resolving disputes. Consequently, the application for approval was not granted. The Commission's decision was based on the need for the agreement to provide clear, fair, and effective mechanisms for dispute resolution, which were not fully present in this instance.

The Commission's final order was that the Jupiter Pty Ltd Enterprise Agreement 2020 did not meet the statutory requirements for approval and therefore was not to be approved. The Commission suggested that the agreement be amended to address the identified deficiencies before resubmitting it for approval.

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