J & T Mechanical Installation Pty Ltd T/A J & T Mechanical Installation Pty Ltd Summary

[2024] FWCA 1167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

J & T Mechanical Installation Pty Ltd T/A J & T Mechanical Installation Pty Ltd

(AG2024/663)

J & T MECHANICAL INSTALLATION PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 2 APRIL 2024

Application for approval of the J & T Mechanical Installation Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the J & T Mechanical Installation Pty Ltd Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J & T Mechanical Installation Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[2] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved J & T Mechanical Installation Pty Ltd, which applied for approval of its 2024 Enterprise Agreement. The application was heard in the Fair Work Commission. The company sought to have the agreement, which includes various terms and conditions for employees, approved under the Fair Work Act 2009. The dispute centred around whether the agreement complied with the relevant provisions of the Act, specifically concerning the fairness and reasonableness of the terms and conditions.

The central legal issue was whether the terms of the proposed enterprise agreement met the statutory requirements for fairness and reasonableness. The Commission had to assess whether the agreement was fair and reasonable, taking into account various factors such as the nature of the enterprise, the terms of the agreement, and the impact on employees. The company argued that the agreement was fair and reasonable, while no objections were raised by any party, implying a consensus on the agreement's terms.

In its decision, the Commission considered the comprehensive nature of the agreement, its alignment with industry standards, and the lack of any objections from stakeholders. The Commission found that the agreement provided a fair and reasonable framework for the employees, taking into account the specific circumstances of the enterprise. The agreement was thus approved as compliant with the statutory requirements under the Fair Work Act 2009.

The Fair Work Commission approved the 2024 Enterprise Agreement of J & T Mechanical Installation Pty Ltd, recognising it as fair and reasonable under the statutory framework. This decision confirmed the agreement's validity, allowing it to be implemented as intended by the parties involved.

J & T Mechanical Installation Pty Ltd T/A J & T Mechanical Installation Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established