DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jacobs Australia Pty Limited
(AG2017/1305)

JACOBS AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2017 - 2021

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 11 JULY 2017

Application for approval of the Agreement is the Jacobs Australia Pty Limited Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Jacobs Australia Pty Limited 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 Jacobs Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 18 July 2017. The nominal expiry date of the Agreement is 30 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Jacobs Australia Pty Limited, which applied to the Fair Work Commission for the approval of an enterprise agreement. The application was made under the Fair Work Act 2009. The dispute arose because the applicant's employees, represented by a union, claimed that the proposed agreement did not meet the requirements for approval, particularly in terms of meeting the "better off overall test" and ensuring fair treatment of employees.

The primary legal issues before the Commission were whether the agreement provided employees with a fair and reasonable set of terms and conditions, and whether it met the statutory requirements for approval. This involved examining the terms of the proposed agreement to determine if they provided employees with a better overall package of pay and conditions than they would have under the relevant award, and whether the agreement was free from elements that would otherwise make it ineligible for approval.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. It held that the agreement provided employees with a fair and reasonable set of terms and conditions, including appropriate pay rates, leave entitlements, and other benefits. The Commission also determined that the agreement met the "better off overall test," meaning that employees would be better off under the agreement than they would be under the relevant award. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Jacobs Australia Pty Limited Enterprise Agreement 2017 - 2021, finding it met all statutory requirements and provided employees with a fair and reasonable set of terms and conditions. The decision confirmed that the agreement was better for employees overall when compared to the relevant award.

Jacobs Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established