Jacton Installations Pty Ltd Summary

[2014] FWCA 1285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Jacton Installations Pty Ltd
(AG2013/10333)

JACTON INSTALLATIONS PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 20 FEBRUARY 2014

Application for approval of the Jacton Installations Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Jacton Installations Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jacton Installations Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 19 February 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 November 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Jacton Installations Pty Ltd is the applicant in this matter, seeking approval of the Jacton Installations Pty Ltd Enterprise Agreement 2013. The application was made to the Fair Work Commission, which is the body responsible for approving enterprise agreements under the Fair Work Act 2009 (Cth). The dispute centres on the validity and compliance of the proposed agreement with the statutory requirements, specifically whether it meets the standards set forth by the Act.

The primary legal issues before the Commission were whether the agreement was made in good faith, if it contained the mandated minimum terms and conditions, and if it was properly certified. The Commission had to consider if the agreement complied with the statutory prerequisites, including the requirement for a majority of employees to vote in favour of the agreement. Furthermore, the Commission assessed if the agreement adhered to the procedural fairness principles and if it included the essential minimum terms as outlined in the Act.

The Fair Work Commission determined that the Jacton Installations Pty Ltd Enterprise Agreement 2013 did meet the statutory requirements. The Commission found that the agreement was made in good faith and that the necessary majority of employees had voted in favour of it. The agreement was also found to contain all the mandated minimum terms and conditions, and it was properly certified. Consequently, the Commission approved the agreement, finding it to be compliant with the Fair Work Act 2009 (Cth).

The final orders of the Commission were that the Jacton Installations Pty Ltd Enterprise Agreement 2013 be approved as a certified agreement under the Fair Work Act 2009 (Cth). The agreement was to be registered with the Fair Work Commission and would come into effect on the date of the approval. This decision ensures that the terms of the agreement are legally binding on the parties and enforceable under the Act.

Jacton Installations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established