DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adams Jones Pty Ltd
(AG2018/6841)

ADAMS JONES PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 21 JUNE 2019

Application for approval of the Adams Jones Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Adams Jones Pty Ltd Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Adams Jones Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 13 June 2019.

[3] The Applicant has submitted an undertaking in the required form dated 18 June 2019. The undertaking provides that an employee’s entitlement to annual leave will accrue progressively and shall accumulate from year to year.

[4] No bargaining representatives were appointed.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 July 2021.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Adams Jones Pty Ltd, sought approval of the 2018 Enterprise Agreement from the Fair Work Commission. The application was contested by various unions representing the employees. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith and without coercion.

In considering these issues, the Commission examined the negotiation process, the content of the agreement, and the fairness of the terms. The applicant presented evidence of a genuine and robust negotiation process, with multiple meetings and exchanges between the parties. The unions, however, argued that the process was flawed and that certain terms were unreasonable. The Commission found that while there were procedural shortcomings, these did not vitiate the overall fairness of the agreement. The terms of the agreement were also found to be reasonable, taking into account economic and operational factors.

The Commission concluded that the agreement, despite some procedural issues, was fair and reasonable and was made in good faith. It approved the Enterprise Agreement, noting that the benefits to the employees outweighed the procedural imperfections. The unions' objections were not sufficient to overturn the agreement, as the overall process and terms were deemed to meet the statutory requirements. The applicant's application was thus successful.

Adams Jones 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