DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J & T Mechanical Installation Pty Ltd
(AG2020/2351)

J & T MECHANICAL INSTALLATION PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 14 SEPTEMBER 2020

Application for approval of the J & T Mechanical Installation Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the J & T Mechanical Installation Pty Ltd Enterprise Agreement 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 & T Mechanical Installation Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2020. The nominal expiry date of the Agreement is 29 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the J & T Mechanical Installation Pty Ltd Enterprise Agreement 2020. The applicant, J & T Mechanical Installation Pty Ltd, sought to have the agreement recognised as a registered workplace agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legislative requirements for registration and if it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The key legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, if it complied with the procedural and substantive requirements under the Fair Work Act, and if it provided for fair and reasonable terms and conditions for the employees. The Commission had to consider if the agreement was made in good faith, if it provided for minimum terms, and if it complied with the process of consultation and notification required by the Act.

The Commission found that the agreement was genuinely an enterprise agreement that met the procedural requirements of the Act. The agreement was negotiated in good faith and provided for minimum terms, as well as additional terms and conditions that were fair and reasonable for the employees. The Commission also found that the process of consultation and notification was followed, and the agreement met the substantive requirements of the Act. As a result, the Commission approved the J & T Mechanical Installation Pty Ltd Enterprise Agreement 2020, and it was registered as a workplace agreement under the Fair Work Act.

The Commission's decision was based on a detailed examination of the evidence presented and the legal requirements of the Act. The Commission found that the agreement was fair and reasonable, and met all the necessary requirements for registration. As a result, the application for approval of the agreement was successful, and the agreement was registered as a workplace agreement under the Fair Work Act.

J & T Mechanical Installation 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