J Bros Pty Ltd T/A J Bros Form Reinforce Concrete

[2014] FWCA 5985

FAIR WORK COMMISSION

DECISION

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

J Bros Pty Ltd T/A J Bros Form Reinforce Concrete
(AG2014/7058)

J BROS EMPLOYEE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 9 SEPTEMBER 2014

Application for approval of the J Bros Employee Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 8 August 2014 by J Bros Pty Ltd T/A J Bros Form Reinforce Concrete for the approval of a single-enterprise agreement known as the J Bros Employee Enterprise Agreement 2014(“the Agreement”).

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

[3] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

J Bros Pty Ltd, trading as J Bros Form Reinforce Concrete, applied for approval of the J Bros Employee Enterprise Agreement 2014. The application was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement complied with the relevant legislative requirements and if it fairly represented the interests of the employees.

The Fair Work Commission assessed the agreement against the criteria set out in the Fair Work Act 2009, focusing on whether the agreement contained all mandatory terms, was free from prohibited content, and was certified as genuine. The Commission considered whether the agreement met the requirements for approval, including the absence of prohibited content, the presence of all mandatory terms, and the validity of the certification process. The Commission also examined the fairness of the agreement, considering the interests of both the employer and the employees.

After thorough examination, the Fair Work Commission found that the agreement met all legislative requirements and was free from prohibited content. The Commission determined that the agreement was fairly representative of the employees' interests and was properly certified. Consequently, the Commission approved the application for the agreement's registration.

The Fair Work Commission ordered the registration of the J Bros Employee Enterprise Agreement 2014, effective from the date of the decision. The parties were directed to comply with the terms of the agreement, and the agreement was registered on the Register of Approved Agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established