DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JA Crockett Pty Ltd
(AG2017/1415)

JA CROCKETT PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 MAY 2017

Application for approval of the JA Crockett Pty Ltd Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the JA Crockett Pty Ltd Enterprise Agreement 2017-2021 (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] 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] The Agreement was approved on 26 May 2017 and, in accordance with s.54, will operate from 2 June 2017. The nominal expiry date of the Agreement is 26 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the applicant, JA Crockett Pty Ltd, applied for approval of the JA Crockett Pty Ltd Enterprise Agreement 2017-2021. The dispute arose in the context of the applicant's request for the Commission to approve the proposed agreement under the Fair Work Act 2009. The applicant sought to have the agreement made applicable to its employees who were part of the Retail, Hospitality and Fast Food Award 2010, the General Retail Award 2010, and the Fast Food Award 2010. The legal issues that the Commission was required to decide included whether the agreement was made in accordance with the requirements of the Fair Work Act and whether it complied with the "better off overall test" as stipulated in the Act. The Commission needed to assess if the proposed agreement provided employees with terms and conditions that were no worse than those provided under the relevant awards, and if it contained any terms that would disadvantage employees.

The Commission examined the application and the evidence provided by both parties. It considered the submissions made by the applicant and the concerns raised by the employees' representatives. The Commission assessed whether the agreement met the criteria for approval as outlined in the Fair Work Act, including whether it was made in good faith, provided for terms and conditions that were no worse than the applicable awards, and met the "better off overall test". After careful consideration, the Commission found that the agreement met the requirements of the Act. It concluded that the agreement provided employees with terms and conditions that were not worse off than the applicable awards and that it contained provisions that would benefit the employees. The Commission approved the application for the agreement to be registered, finding it to be in accordance with the Fair Work Act.

The Fair Work Commission approved the application for the JA Crockett Pty Ltd Enterprise Agreement 2017-2021 to be registered. The Commission found that the agreement met all the necessary criteria under the Fair Work Act, including being made in good faith and providing terms and conditions that were not worse off than the applicable awards. The final order of the Commission was that the agreement be approved and registered as an enterprise agreement under the Fair Work Act. This decision provided certainty to both the applicant and the employees, ensuring that the agreement would govern the terms and conditions of employment for the specified period.

JA Crockett Pty Ltd

DECISION

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