Jamtek Structural Pty Ltd T/A Jamtek Structural

[2016] FWCA 4305

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jamtek Structural Pty Ltd T/A Jamtek Structural

(AG2016/3518)

JAMTEK STRUCTURAL PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 30 JUNE 2016

Application for approval of the Jamtek Structural Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Jamtek Structural Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jamtek

Structural Pty Ltd t/a Jamtek Structural. The Agreement is a single enterprise agreement.

[2] The Applicant 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. 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work

Regulations 2009 is taken to be a term of the Agreement.
[2016] FWCA 4305

[5] The Agreement was approved on 30 June 2016 and, in accordance with s.54, will

operate from 7 July 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 4305

ANNEXURE A:

CaseChat Overview and Summary

The case involved Jamtek Structural Pty Ltd, trading as Jamtek Structural, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission, where the primary issue was the application for approval of the Jamtek Structural Pty Ltd Enterprise Agreement 2016. The CFMEU opposed the approval of the agreement, arguing that it did not meet the requirements of the Fair Work Act 2009. The central legal issues revolved around whether the agreement contained all the terms and conditions of employment as required by the Act, and if it allowed for genuine bargaining between the parties.

The Commission examined the contents of the agreement, focusing on whether it provided a comprehensive set of terms and conditions, including any necessary minimum entitlements. It was necessary to determine if the agreement had been made in good faith and if it complied with the procedural requirements outlined in the Fair Work Act. The Commission also considered whether the agreement provided for a fair and efficient resolution of disputes between the parties.

After reviewing the evidence and arguments presented by both parties, the Fair Work Commission concluded that the agreement did not include all necessary terms and conditions of employment and had not been made in good faith. The Commission found that the agreement was not sufficiently comprehensive and did not provide for the resolution of disputes in a fair and efficient manner. As a result, the application for approval was dismissed. The Commission determined that the agreement failed to meet the statutory requirements and did not reflect genuine bargaining between the parties. Consequently, the enterprise agreement was not approved, leaving the parties to continue operating under the applicable awards and general law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established