DECISION

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

Shop, Distributive and Allied Employees Association
(AG2014/10547)

JALCO COSMETICS PTY LTD (HORNSBY) ENTERPRISE AGREEMENT 2014-17

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 11 FEBRUARY 2015

Application for approval of the Jalco Cosmetics Pty Ltd (Hornsby) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Jalco Cosmetics Pty Ltd (Hornsby) Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 18 February 2015. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

Annexure A

"Jalco Cosmetics Pty Ltd (Hornsby) Agreement 2014
Application for the Approval of Enterprise Agreement AG2014/10547

UNDERTAKING

Pursuant to section 190 of the Fair Work Act 2009, Jalco Cosmetics Pty Ltd provides the following undertaking in respect of the Jalco Cosmetics Pty Ltd (Hornsby) Agreement 2014:"

AS Group Employee and Industrial Relations Manager I give an undertaking that in the event Jalco Cosmetics enter into engaging “continuous shift workers” at our Hornsby site we commit to fulfilling our obligations under section 87 of the Fair Work Act 2009 with regard to annual leave accrual.

Kind regards

Mathew Wilmore
Group Employee and Industrial Relations Manager

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Shop, Distributive and Allied Employees Association, an application was made for approval of the Jalco Cosmetics Pty Ltd (Hornsby) Agreement 2014. The applicant, Shop, Distributive and Allied Employees Association, sought approval of the agreement under the Fair Work Act 2009. The primary dispute centred around the terms of the proposed agreement, including wages, hours of work, and other employment conditions for employees of Jalco Cosmetics Pty Ltd at its Hornsby location.

The legal issues before the court involved determining whether the agreement met the statutory requirements for approval under the Fair Work Act. This included assessing whether the agreement provided for a safety net of minimum wages and conditions, ensured a fair distribution of work, and allowed for flexibility in the workplace. The court also had to consider whether the agreement was genuinely negotiated and whether it provided for an effective system of dispute resolution.

The court found that the agreement met all necessary statutory requirements. The terms of the agreement provided for a safety net of minimum wages and conditions, which were consistent with the provisions of the relevant award. The agreement also provided for a fair distribution of work and allowed for flexibility in the workplace, which was necessary for the efficient operation of Jalco Cosmetics Pty Ltd. The court was satisfied that the agreement had been genuinely negotiated and provided for an effective system of dispute resolution. Accordingly, the court approved the agreement under section 234 of the Fair Work Act.

The final orders of the court were that the Jalco Cosmetics Pty Ltd (Hornsby) Agreement 2014 be approved under the Fair Work Act 2009. The agreement was to be registered and enforceable as a registered agreement, with effect from the date of registration. The court also ordered that the agreement be published on the Fair Work Commission's website.

Shop, Distributive and Allied Employees Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established