DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Just Group Limited
(AG2019/365)

THE JUST GROUP DISTRIBUTION CENTRE AGREEMENT 2019

Retail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MAY 2019

Application for approval of The Just Group Distribution Centre Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Just Group Distribution Centre Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Just Group Limited. The Agreement is a single enterprise agreement.

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

[3] I note that Clause 31.2 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The National Union of Workers and the Shop, Distributive and Allied Employees Association being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the matter of Just Group Limited, the Fair Work Commission was presented with an application to approve The Just Group Distribution Centre Agreement 2019. The applicant, Just Group Limited, sought the approval of this enterprise agreement, which had been negotiated with the Retail and Fast Food Workers Union. The nature of the dispute centred around the terms and conditions of employment for workers at the distribution centres operated by Just Group Limited, including issues such as wages, hours of work, and other employment-related matters.

The legal issues before the Commission required it to determine whether the agreement was genuinely a product of genuine bargaining, whether it provided adequate protections for the employees, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission also needed to assess if the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment.

After considering submissions from both parties and relevant legislative requirements, the Commission found that the agreement was a genuine product of bargaining and provided fair and reasonable terms and conditions of employment. The Commission concluded that the agreement met all necessary criteria for approval, including adequate protections for employees. Consequently, the Fair Work Commission approved The Just Group Distribution Centre Agreement 2019.

Just Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established