DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JA Crockett Pty Ltd
(AG2021/5538)

JA CROCKETT PTY LTD ENTERPRISE AGREEMENT - 2021-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 23 JUNE 2021

Application for approval of the JA Crockett Pty Ltd Pty Ltd Enterprise Agreement - 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the JA Crockett Pty Ltd Pty Ltd Enterprise Agreement - 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JA Crockett Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking 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 contained a typographical error at clause 1 and the Employer has filed an amended Agreement page rectifying the error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] I note that clause 12.3 (Abandonment of Employment) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2021. The nominal expiry date of the Agreement is 29 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were JA Crockett Pty Ltd and a group of employees represented by a union. The dispute centred around the approval of an enterprise agreement for the period 2021-2025. The Fair Work Commission was the court that examined the matter. The legal issues that the Commission needed to address involved whether the enterprise agreement met the requirements of the Fair Work Act 2009 and whether the agreement was fair and reasonable in all its aspects.

The primary legal issue was whether the enterprise agreement complied with the legislative framework, particularly focusing on provisions related to minimum wages, conditions, and other entitlements. The Commission also had to consider if the agreement provided a fair and reasonable balance of outcomes for both the employees and the employer. The Commission assessed whether the agreement was made in good faith and whether it adhered to the procedural requirements under the Fair Work Act.

In reaching its decision, the Commission examined the submissions and evidence provided by both parties. It considered the nature of the bargaining process, the terms of the agreement, and the impact on the employees and the employer. The Commission concluded that the enterprise agreement was fair and reasonable, met the statutory requirements, and was made in good faith. Therefore, the application for approval was successful.

The Fair Work Commission approved the JA Crockett Pty Ltd Enterprise Agreement for the period 2021-2025. This decision was made on the basis that the agreement was fair and reasonable, complied with the Fair Work Act, and was made in good faith. The approval ensures that the terms and conditions of employment for the employees are legally binding and enforceable.

JA Crockett 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