JA Crockett Pty Ltd

[2025] FWCA 2339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

JA Crockett Pty Ltd

(AG2025/1894)

JA CROCKETT PTY LTD ENTERPRISE AGREEMENT – 2025 - 2029

Building, metal and civil construction industries
COMMISSIONER PERICA	MELBOURNE, 15 JULY 2025

Application for approval of the JA Crockett Pty Ltd Enterprise Agreement – 2025 - 2029

An application has been made for approval of an enterprise agreement known as the JA Crockett Pty Ltd Enterprise Agreement – 2025 - 2029 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement is approved today 15 July 2025. It will operate from 22 July 2025 as required by section 54 of the Act. The nominal expiry date is 15 July 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, JA Crockett Pty Ltd, an Australian company, applied to the Fair Work Commission for the approval of the JA Crockett Pty Ltd Enterprise Agreement – 2025 - 2029. The dispute centred on whether the proposed agreement met the necessary requirements under the Fair Work Act 2009. The application was made to the Fair Work Commission, the body responsible for overseeing and approving enterprise agreements under Australian labour law.

The legal issues the court had to decide included whether the agreement provided for a direct bargaining process that was in good faith, whether it met the minimum entitlements required by law, and if it included a fair and transparent process for resolving disputes. The applicant argued that the agreement was the product of genuine negotiations and provided fair terms for employees. The respondents raised concerns about the fairness of the terms and the process through which the agreement was reached.

The Fair Work Commission examined the evidence provided and found that the agreement was indeed the result of direct bargaining between the parties in good faith. The commission confirmed that the agreement met the minimum entitlements set out in the Fair Work Act, and it included provisions for a fair and transparent dispute resolution process. Based on these findings, the commission approved the agreement. The court emphasised the importance of ensuring that employees' rights are protected while also promoting productive and cooperative workplace relationships.

The final orders of the Fair Work Commission were to approve the JA Crockett Pty Ltd Enterprise Agreement – 2025 - 2029, subject to the terms and conditions outlined in the agreement. This decision provided clarity for the parties involved and established a framework for their future industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established