DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J & P Richardson Industries Pty Ltd
(AG2016/7736)

J&P RICHARDSON INDUSTRIES UNION ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 17 FEBRUARY 2017

Application for approval of the J&P Richardson Industries Union Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the J&P Richardson Industries Union 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 & P Richardson Industries Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 17 February 2017 and, in accordance with s.54, will operate from 24 February 2017. The nominal expiry date of the Agreement is 16 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, J & P Richardson Industries Pty Ltd, applied for approval of the J&P Richardson Industries Union Enterprise Agreement 2017. The agreement was intended to cover employees who were members of the Rail, Tram and Bus Industry Union. The primary dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved the interpretation of the provisions of the Fair Work Act 2009, specifically regarding the requirements for enterprise agreements to be considered "better off overall" for employees and to ensure they do not negatively affect the employees' working conditions. The Commission needed to determine if the proposed agreement satisfied these statutory criteria, given the specific terms and conditions outlined within the document.

The Commission considered the evidence presented by both parties and analysed the provisions of the agreement in detail. It examined whether the agreement provided employees with fair and reasonable terms, ensuring that they were not worse off overall. The Commission concluded that the proposed agreement met the statutory requirements for approval, as it provided for fair and reasonable terms of employment and did not negatively impact the employees' working conditions. The Commission approved the application, finding that the agreement was in the best interests of the employees and the employer.

The Commission made orders approving the J&P Richardson Industries Union Enterprise Agreement 2017, subject to the terms and conditions set out in the agreement. The approval was effective from the date of the decision and applied to all employees covered by the agreement. The employer was required to implement the agreed terms and conditions, and the union was responsible for ensuring compliance by its members.

J & P Richardson Industries 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