DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TJM Group Holdings Pty Ltd t/a The Jolly Miller Group
(AG2016/3451)

JOLLY MILLER GROUP ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 28 JULY 2016

Application for approval of the Jolly Miller Group Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Jolly Miller Group Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TJM Group Holdings Pty Ltd t/a The Jolly Miller Group. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2016. The nominal expiry date of the Agreement is 27 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved TJM Group Holdings Pty Ltd trading as The Jolly Miller Group, who applied to the Fair Work Commission for approval of the Jolly Miller Group Enterprise Agreement 2016. The application arose as part of the formal process required for enterprise agreements under the Fair Work Act 2009. The legal issues before the Commission were centred on whether the agreement complied with the requirements of the Act, particularly in terms of its fairness and the manner in which it was negotiated.

The Commission examined whether the agreement contained the necessary minimum terms and conditions, and if it was free from any unfair content. Furthermore, the Commission had to determine if the agreement was genuinely negotiated and whether the necessary procedural steps had been followed in its creation. The Commission also considered whether the agreement would have a detrimental effect on the employees' ability to access their legal entitlements and protections. In reaching its decision, the Commission gave significant weight to the evidence and submissions provided by both the employer and the employees' representatives.

After careful consideration of the evidence and submissions, the Fair Work Commission approved the Jolly Miller Group Enterprise Agreement 2016. The Commission found that the agreement met the requirements of the Fair Work Act and did not contain any unfair content. The Commission also found that the agreement had been genuinely negotiated and that the necessary procedural steps had been followed. The Commission concluded that the agreement would not have a detrimental effect on the employees' ability to access their legal entitlements and protections. Consequently, the Commission approved the agreement, paving the way for its implementation within the organisation.

TJM Group Holdings Pty Ltd t/a The Jolly Miller Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established