DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jadon Services Pty Limited
(AG2015/4831)

JADON SERVICES PTY. LTD. SINGLE ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 4 SEPTEMBER 2015

Application for approval of the Jadon Services Pty. Ltd. Single Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Jadon Services Pty. Ltd. Single Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jadon Services Pty Limited. 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 4 September 2015 and, in accordance with s.54, will operate from 11 September 2015. The nominal expiry date of the Agreement is 4 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Jadon Services Pty Limited involved an application for the approval of a single enterprise agreement. The applicant, Jadon Services Pty Limited, sought approval from the Fair Work Commission, which was the relevant court for such matters. The agreement in question pertained to the terms and conditions of employment for the workers of the company.

The central legal issues that the court had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it was genuinely a single enterprise agreement, whether it was certified by an independent person, and whether it complied with the provisions of the Act regarding minimum entitlements and other mandatory terms. Additionally, the court needed to consider whether the agreement was in the best interests of the employees and whether it provided for a fair and equitable resolution of the employment relationship.

The Fair Work Commission examined the agreement in detail, taking into account the submissions from both the employer and the union representatives. The court found that the agreement was genuinely a single enterprise agreement and that it had been independently certified. It also found that the agreement complied with the minimum entitlements and other mandatory terms set out in the Fair Work Act. The court concluded that the agreement was in the best interests of the employees and provided a fair and equitable resolution of the employment relationship. Consequently, the court approved the agreement, allowing it to come into effect and govern the terms and conditions of employment for the workers of Jadon Services Pty Limited.

Jadon Services 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