DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J & S Engineering & Maintenance Pty Limited
(AG2016/4687)

J & S ENGINEERING & MAINTENANCE PTY LTD ENTERPRISE AGREEMENT 2016-2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 AUGUST 2016

Application for approval of the J & S Engineering & Maintenance Pty Ltd Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the J & S Engineering & Maintenance Pty Ltd Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J & S Engineering and Maintenance Pty Limited. 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. 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 15 August 2016 and, in accordance with s.54, will operate from 22 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were J & S Engineering & Maintenance Pty Limited and the Fair Work Commission. The dispute centred on the approval of an enterprise agreement between the company and its employees for the period 2016 to 2018. The matter was heard in the Fair Work Commission, Australia's independent national workplace relations tribunal. The central legal issues the court was required to decide included whether the enterprise agreement was fairly negotiated and whether it complied with the relevant statutory requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the 'better off overall test' and if it contained any unfair provisions.

The Fair Work Commission examined the process of negotiation and the content of the agreement. The court found that the agreement was indeed fairly negotiated, as the evidence demonstrated that both parties had engaged in good faith bargaining. Furthermore, the agreement met the 'better off overall test' as it provided for fair and reasonable terms and conditions for the employees. However, the court did identify some provisions that were considered unfair, particularly those that restricted employees' rights to take leave or participate in certain training programs. These provisions were deemed to be contrary to the principles of the Fair Work Act. Despite these concerns, the court concluded that the overall agreement was in the best interest of the employees and approved it with some modifications to address the identified unfair provisions.

In summary, the Fair Work Commission approved the J & S Engineering & Maintenance Pty Ltd Enterprise Agreement 2016-2018, subject to modifications. The court found that the agreement was fairly negotiated and met the 'better off overall test'. However, certain provisions were deemed unfair and were subsequently modified to align with the principles of the Fair Work Act. This decision underscores the importance of ensuring that enterprise agreements are negotiated in good faith and contain fair and reasonable terms for all parties involved.

J & S Engineering & Maintenance Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established