DECISION

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

Jadon Services Pty Ltd
(AG2019/3836)

JADON SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 19 DECEMBER 2019

Application for approval of the Jadon Services Pty Ltd Single Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Jadon Services Pty Ltd Single Enterprise Agreement 2019 (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 Ltd.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] I observe that Clause 7.1.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 (a) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

In the recent case of Jadon Services Pty Ltd, the Fair Work Commission was tasked with deciding whether to approve a Single Enterprise Agreement for 2019. The applicant, Jadon Services Pty Ltd, sought approval for the agreement which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions set out in the proposed agreement and whether they complied with the applicable legislative framework.

The primary legal issue before the Commission was whether the proposed agreement was fair and reasonable in accordance with the Fair Work Act 2009. This involved examining the balance of the agreement's provisions to determine if they met the "better off overall test," ensuring that the employees would be no worse off and at least some would be better off financially under the new agreement compared to their previous conditions. Additionally, the Commission had to consider whether the agreement was consistent with the National Employment Standards and the general protections provided by the Fair Work Act.

After thorough examination of the agreement, the Fair Work Commission found that the proposed Single Enterprise Agreement was fair and reasonable. The Commission noted that the agreement provided for improvements in various areas, such as leave entitlements, shift patterns, and overtime provisions. The Commission also determined that the agreement was consistent with the National Employment Standards and did not undermine the general protections afforded by the Fair Work Act. Consequently, the Commission approved the Jadon Services Pty Ltd Single Enterprise Agreement 2019.

Jadon Services Pty Ltd

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established