The Australian Workers' Union Summary

[2013] FWCA 7621

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
(AG2013/9385)

JALCO POWDERS PTY LTD TRADING AS JALCO HOUSEHOLD AND FABRIC CARE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 OCTOBER 2013

Application for approval of the Jalco Powders Pty Ltd trading as Jalco Household and Fabric Care Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Jalco Powders Pty Ltd trading as Jalco Household and Fabric Care Enterprise Agreement 2013 (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 ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 9 October 2013. The nominal expiry date of the Agreement is 12 May 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of The Australian Workers' Union and Jalco Powders Pty Ltd trading as Jalco Household and Fabric Care, the dispute arose from an application for approval of an enterprise agreement. The Australian Workers' Union applied for the approval of the Jalco Powders Pty Ltd trading as Jalco Household and Fabric Care Enterprise Agreement 2013. The Fair Work Commission heard the application and issued its decision. The central legal issue before the Fair Work Commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009 for approval and registration. Specifically, the Commission needed to determine whether the agreement contained the necessary minimum terms and conditions, whether it had been genuinely bargained between the parties, and whether it adhered to the statutory provisions concerning the protection of employees' rights.

The Fair Work Commission examined the agreement clause by clause, ensuring that it provided for minimum wages and conditions as stipulated by the Act. The Commission also assessed whether the agreement had been genuinely negotiated between the parties, considering factors such as the process of negotiation, the participation of genuine representatives, and the fairness of the terms. Additionally, the Commission reviewed the agreement against the statutory criteria that prohibit the undermining of employees' rights, including provisions on termination, redundancy, and dispute resolution. After thorough analysis, the Commission found that the agreement substantially complied with the statutory requirements, including the minimum terms and conditions, and was the product of genuine bargaining.

Following its analysis, the Fair Work Commission approved the enterprise agreement, thereby permitting it to be registered. The decision underscored the importance of meeting the statutory criteria for genuine bargaining and minimum terms. The Commission concluded that the agreement did not undermine employees' rights and provided for fair terms and conditions of employment. The decision serves as a precedent for similar applications and reinforces the principles of genuine bargaining and statutory compliance in the context of enterprise agreements.

The Australian Workers' Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established