DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jacobs Australia Pty Limited
(AG2021/5654)

JACOBS AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2021

Technical services
COMMISSIONER LEE	MELBOURNE, 1 JULY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Jacobs Australia Pty Limited Enterprise Agreement 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 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 54 – Compassionate Leave.

• Clause 63.10 – Paid Parental Leave.

• Clause 66.2 – Unauthorised Absence.

• Clause 72.2 – Termination of Employment.

However, noting the undertakings provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2021. The nominal expiry date of the Agreement is 30 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are Jacobs Australia Pty Limited, an engineering and consulting firm, and a union representing its employees. The dispute pertains to the approval of the Enterprise Agreement 2021, which was to govern the terms and conditions of employment for the employees. The matter was heard in the Fair Work Commission of Australia. The primary legal issue before the Commission was whether the Enterprise Agreement 2021 met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement provided for the employees' pay and conditions, and whether it was made in good faith and without coercion.

The Fair Work Commission considered whether the agreement appropriately balanced the rights and obligations of both parties. It also examined if the agreement had been made in good faith and whether any procedural fairness was observed during the negotiation process. The Commission had to determine if the agreement was likely to have a positive effect on productivity, efficiency, and profitability, and whether it provided for appropriate mechanisms for the resolution of disputes. After considering submissions from both parties and relevant statutory provisions, the Commission concluded that the Enterprise Agreement 2021 satisfied the necessary criteria for approval. The agreement was deemed to be fair and reasonable, and made in good faith, without coercion. The Commission found that the agreement appropriately balanced the interests of both parties and would likely have a positive effect on productivity, efficiency, and profitability.

In light of its findings, the Fair Work Commission approved the Enterprise Agreement 2021. The agreement was registered, and it became a legally binding contract between Jacobs Australia Pty Limited and the union representing its employees. The final orders of the Commission included the registration of the Enterprise Agreement 2021, and the setting aside of any previous agreements that conflicted with the terms of the new agreement. The Commission also ordered that the agreement would be in effect for a period of five years, from the date of registration, unless otherwise terminated in accordance with the provisions of the Fair Work Act 2009.

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