J & J Interiors Pty Ltd Summary

[2016] FWCA 2915

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

J & J Interiors Pty Ltd

(AG2016/840)

J & J INTERIORS PTY LTD AND EMPLOYEES ENTERPRISE

AGREEMENT 2016-2020

Australian Capital Territory

COMMISSIONER SAUNDERS

SYDNEY, 11 MAY 2016

Application for approval of the J & J Interiors Pty Ltd and Employees Enterprise Agreement

2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the J

& J Interiors Pty Ltd and Employees Enterprise Agreement 2016-2020 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by J & J Interiors Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from

18 May 2016. The nominal expiry date of the Agreement is 10 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before Commissioner Saunders in the Federal Court of Australia involved an application for the approval of the J & J Interiors Pty Ltd and Employees Enterprise Agreement 2016-2020 (the Agreement). This application was made by J & J Interiors Pty Ltd under section 185 of the Fair Work Act 2009. The Agreement was a single enterprise agreement that was to be approved and which would operate from 18 May 2016, with a nominal expiry date of 10 May 2020.

The central legal issue before the court was whether the application for approval of the Agreement met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009. These sections pertain to the process and criteria for approving an enterprise agreement. The court had to ascertain whether all relevant conditions and provisions of the Act were satisfied, and whether the Agreement adhered to the legal framework for enterprise agreements.

Upon reviewing the application and the Agreement, Commissioner Saunders was satisfied that all relevant requirements of the Act had been fulfilled. The Agreement was found to comply with the necessary legal provisions, and thus met the criteria for approval. Consequently, the court approved the Agreement, which would commence on 18 May 2016, and would expire on 10 May 2020, as stipulated. This decision affirmed the Agreement's validity under the Fair Work Act 2009.

J & J Interiors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established