DECISION

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

James & Co Pty Ltd
(AG2014/8082)

JAMES & CO PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 JANUARY 2015

Application for approval of the James & Co Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the James & Co Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by James & Co 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 21 January 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 22 January 2019.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, James and Co Pty Ltd applied for approval of their Enterprise Agreement 2014. The applicant, a company operating within the retail sector, sought to have the agreement recognised as a lawful and binding enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, particularly concerning the process through which the agreement was negotiated and the manner in which employee representatives were involved.

The central legal issue for the Commission to determine was whether the Enterprise Agreement 2014 was genuinely negotiated and concluded in good faith, as required by the Fair Work Act. The applicant needed to demonstrate that the agreement was not only procedurally sound but also substantively fair, with adequate representation and participation of employees throughout the negotiation process. Additionally, the Commission had to consider whether the agreement contained all the mandated terms and conditions and complied with the provisions of the Fair Work Act.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement had been negotiated in good faith and was substantively fair. The process was deemed to have involved sufficient employee participation, with the employer providing comprehensive documentation and testimony supporting the negotiation process. The Commission also confirmed that the agreement contained all the mandated terms and conditions and complied with the relevant provisions of the Fair Work Act. Consequently, the Commission approved the Enterprise Agreement 2014, finding it to be a lawful and binding agreement between the employer and the employees.

As a result of the decision, the Enterprise Agreement 2014 was approved and registered under the Fair Work Act. This ruling ensures that the agreement remains in effect, governing the employment terms and conditions for the employees of James and Co Pty Ltd.

James & Co 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