DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Just Jeans Group Pty Ltd
(AG2015/5984)

“SHOP DISTRIBUTIVE AND ALLIED EMPLOYEES” ASSOCIATION - JUST JEANS GROUP PTY LTD, VICTORIAN DISTRIBUTION CENTRES AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 5 NOVEMBER 2015

Application for approval of the “Shop Distributive and Allied Employees” Association - Just Jeans Group Pty Ltd, Victorian Distribution Centres Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the “Shop Distributive and Allied Employees” Association - Just Jeans Group Pty Ltd, Victorian Distribution Centres Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Just Jeans Group Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Shop, Distributive and Allied Employees Association 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.

[4] The Agreement was approved on 5 November 2015 and, in accordance with s.54, will operate from 12 November 2015. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the "Shop Distributive and Allied Employees" Association for the approval of the Just Jeans Group Pty Ltd, Victorian Distribution Centres Agreement 2015. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The parties argued over the procedural fairness of the agreement-making process and the compliance of the agreement with the Fair Work Act.

The legal issues that the Commission was required to decide included whether the association had followed the correct procedures in the negotiation of the agreement and whether the agreement provided adequate protection for employees’ rights and interests. Specifically, the Commission had to determine whether the agreement was genuinely negotiated and whether it provided a safety net of minimum terms and conditions for employees.

The Fair Work Commission found that the association had followed appropriate procedures in negotiating the agreement and that the agreement provided adequate protection for employees’ rights and interests. The Commission held that the agreement was genuinely negotiated and that it provided a safety net of minimum terms and conditions for employees. The Commission also found that the agreement was in the public interest and should be approved. As a result, the Commission approved the agreement.

The Fair Work Commission approved the "Shop Distributive and Allied Employees" Association - Just Jeans Group Pty Ltd, Victorian Distribution Centres Agreement 2015, finding that it was genuinely negotiated and provided adequate protection for employees’ rights and interests. The Commission held that the agreement met the criteria for approval under the Fair Work Act and was in the public interest.

Just Jeans Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established