DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Just Jeans Group Pty Ltd T/A Just Jeans Group Limited
(AG2019/1068)

THE JUST GROUP RETAIL AGREEMENT 2019

Retail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 JULY 2019

Application for approval of The Just Group Retail Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Just Group Retail 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 Jeans Group Pty Ltd T/A Just Jeans Group Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 25 July 2019 and, in accordance with s.54, will operate from 1 August 2019. The nominal expiry date of the Agreement is 3 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter under consideration involved Just Jeans Group Pty Ltd, trading as Just Jeans Group Limited, who applied for the approval of The Just Group Retail Agreement 2019. This application was brought before the Fair Work Commission, which was required to determine whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009. The legal issues centred on whether the agreement met the criteria for being a single, integrated enterprise agreement, and whether it provided for the proper protection of employees' rights and interests.

The court examined the structure and content of the proposed agreement, focusing on its ability to operate as a cohesive and unified instrument. It assessed whether the agreement provided for a comprehensive set of terms and conditions that applied consistently across the enterprise, without fragmenting the workforce into separate bargaining units. Additionally, the court considered whether the agreement contained adequate provisions for employee protections, such as minimum wages, leave entitlements, and dispute resolution mechanisms. The Fair Work Commission found that the proposed agreement was comprehensive and met the necessary criteria for approval, as it was a single, integrated enterprise agreement that provided for the proper protection of employees' rights and interests.

Consequently, the Fair Work Commission approved The Just Group Retail Agreement 2019, effective from the date specified in the application. The decision underscored the importance of maintaining a unified approach to enterprise agreements, ensuring that they provide a fair and consistent framework for all employees within the enterprise. The court's approval of the agreement highlighted its compliance with the legislative requirements and its potential to serve as a model for other employers in similar circumstances.

Just Jeans Group Pty Ltd T/A Just Jeans 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