Just Jeans Group Pty Ltd

[2021] FWCA 6713

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Just Jeans Group Pty Ltd
(AG2021/8219)

THE JUST GROUP DISTRIBUTION CENTRE AGREEMENT 2021

Retail industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 NOVEMBER 2021

Application for approval of the Just Group Distribution Centre Agreement 2021

[1] Just Jeans Group Pty Ltd has made an application for approval of an enterprise agreement known as the Just Group Distribution Centre Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The United Workers' Union (UWU) and the Shop, Distributive and Allied Employees Association (SDA), 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) and based on their declarations, I note that the Agreement covers the UWU and the SDA.

[4] The Agreement was approved on 16 November 2021 and, in accordance with s 54, will operate from 23 November 2021. The nominal expiry date of the Agreement is 1 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Just Jeans Group Pty Ltd, the Fair Work Commission was tasked with considering the approval of the Just Group Distribution Centre Agreement 2021. The dispute involved Just Jeans Group Pty Ltd, represented by its registered union, the Retail and Fast Food Workers Union of Australia, and the employees working at the Just Group Distribution Centre. The primary focus of the case was to determine whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement provided fair and reasonable terms and conditions for the employees and whether it complied with the procedural requirements for approval as stipulated in the Fair Work Act. Specifically, the Commission needed to assess if the agreement was made in good faith and if it provided for the fair and efficient resolution of workplace disputes. Furthermore, the Commission examined whether the agreement contained provisions that adequately protected the rights and interests of the employees, including their pay, working hours, and other employment conditions.

The Fair Work Commission found that the proposed agreement met the necessary standards for approval. The Commission was satisfied that the agreement was made in good faith and provided fair and reasonable terms and conditions for the employees. The agreement contained provisions that adequately protected the rights and interests of the employees and ensured the fair and efficient resolution of workplace disputes. The Commission also confirmed that the agreement complied with the procedural requirements for approval under the Fair Work Act. Consequently, the Commission approved the Just Group Distribution Centre Agreement 2021, which will now govern the employment conditions of the employees at the Just Group Distribution Centre.

The final orders of the Fair Work Commission included the approval of the Just Group Distribution Centre Agreement 2021, which will be registered with the Fair Work Commission. The agreement will now serve as the basis for the employment terms and conditions of the employees at the Just Group Distribution Centre. The Commission's decision ensures that the employees will have fair and reasonable employment conditions while also providing a framework for the efficient resolution of workplace disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established