DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JAG Pumping Pty Ltd T/A JAG Concrete Pumping Pty Ltd
(AG2018/1625)

JAG PUMPING PTY LTD ABN 22 144 540 250 AND EMPLOYEES ENTERPRISE AGREEMENT 2018 - 2022

Australian Capital Territory
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 OCTOBER 2018

Application for approval of the JAG Pumping Pty Ltd ABN 22 144 540 250 and Employees Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the JAG Pumping Pty Ltd ABN 22 144 540 250 and Employees Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JAG Pumping Pty Ltd T/A JAG Concrete Pumping Pty Ltd. 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.

[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 8 October 2018. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

JAG Pumping Pty Ltd, trading as JAG Concrete Pumping Pty Ltd, applied for the approval of their Employees Enterprise Agreement 2018 - 2022. The application was heard by the Fair Work Commission. The dispute involved the terms and conditions of employment as outlined in the proposed enterprise agreement between the company and its employees.

The legal issues before the Commission were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement contained the minimum terms and conditions mandated by the Fair Work Act, and if it was free from prohibited content. Additionally, the Commission had to determine if the agreement had been genuinely negotiated and if it had been properly certified by the Australian Building and Construction Commission.

The Commission found that the proposed enterprise agreement met the necessary requirements. It contained all the minimum terms and conditions stipulated by the Fair Work Act, and it did not include any prohibited content. The Commission also determined that the agreement had been genuinely negotiated between the employer and the employees, and it had been properly certified by the Australian Building and Construction Commission. Therefore, the Commission approved the Employees Enterprise Agreement 2018 - 2022 for JAG Pumping Pty Ltd.

The Fair Work Commission approved the Employees Enterprise Agreement 2018 - 2022 for JAG Pumping Pty Ltd, effective from the date of the decision.

JAG Pumping Pty Ltd T/A JAG Concrete Pumping Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established