DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jameson Development Group Pty Ltd
(AG2018/2890)

JAMESON DEVELOPMENT GROUP ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 JULY 2019

Application for approval of the Jameson Development Group Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Jameson Development Group Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jameson Development Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] A hearing was convened to seek further clarification in relation to issues raised upon review of the Agreement. This hearing took place by telephone on 11 April 2019. Mr Adrian Boothman from ER Strategies Pty Ltd appeared on behalf of the Applicant. Written undertakings were proposed as a consequence of the hearing.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Jameson Development Group Pty Ltd sought approval for the Jameson Development Group Enterprise Agreement 2018. The applicant was the employer, while the Australian Manufacturing Workers' Union represented the employees. The crux of the dispute revolved around the provisions of the proposed agreement, specifically addressing wage rates, working conditions, and other employment terms for various categories of employees within the company.

The Commission was tasked with examining whether the agreement met the statutory criteria under the Fair Work Act 2009. This involved assessing if the agreement provided for fair and reasonable terms, taking into account the principles of safety nets, genuine agreement, and procedural fairness. Additionally, the Commission had to consider whether the agreement was free from any unfair discrimination or if it contained any terms that were contrary to public policy.

The Fair Work Commission concluded that the Jameson Development Group Enterprise Agreement 2018 complied with the statutory requirements. The Commission found that the agreement was free from any unfair discrimination and that it provided for fair and reasonable terms, as it met the safety net provisions and was genuinely agreed upon by the parties. The Commission was satisfied that the process leading to the agreement was fair and that the agreement did not contravene any public policy considerations. Consequently, the Commission approved the agreement.

As a result of the Commission's decision, the Jameson Development Group Enterprise Agreement 2018 was approved and will govern the employment terms of the relevant employees. This decision sets a precedent for similar agreements and ensures that the terms agreed upon are legally sound and fair for all parties involved.

Jameson Development Group 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