DECISION

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

J Bros Formwork Pty Ltd T/A J Bros Formwork
(AG2017/5722)

J BROS FORMWORK ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 1 FEBRUARY 2018

Application for approval of the J Bros Formwork Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the J Bros Formwork Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J Bros Formwork Pty Ltd T/A J Bros Formwork. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2018. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, J Bros Formwork Pty Ltd trading as J Bros Formwork, applied for approval of the J Bros Formwork Enterprise Agreement 2017. The application was brought pursuant to section 231 of the Fair Work Act 2009, as it sought to have the agreement registered with the Fair Work Commission. The applicant argued that the agreement was a genuine enterprise agreement and that it should be approved under the Act. The dispute arose from disagreements about the content and application of the proposed agreement.

The central legal issues before the court were whether the agreement constituted a genuine enterprise agreement and if it complied with the requirements of the Fair Work Act 2009. This included an examination of the agreement's procedural validity, as well as its substantive provisions. The court had to consider whether the agreement was negotiated in good faith, whether it was made without coercion, and whether it met the criteria for coverage and certification set out in the Act. Additionally, the court needed to assess whether the agreement contained terms and conditions of employment that were fair and reasonable.

The court found that the applicant had demonstrated that the agreement was a genuine enterprise agreement. It noted that the agreement was the result of good faith negotiations and that there was no evidence of coercion or unfairness. The court was satisfied that the agreement met all procedural and substantive requirements under the Fair Work Act 2009. Consequently, the court approved the agreement, determining that it was fit for registration. The applicant's application was thus successful.

The final orders of the court were that the J Bros Formwork Enterprise Agreement 2017 be approved and registered with the Fair Work Commission. The court also directed that the agreement take effect from the date of the approval, ensuring that the terms and conditions set out in the agreement would govern the employment relationship between the applicant and its employees.

J Bros Formwork Pty Ltd T/A J Bros Formwork

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established