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.

[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

ANNEXURE A:

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Jamtek Structural Pty Ltd for approval of the Jamtek Structural Pty Ltd Enterprise Agreement 2016. This dispute was primarily concerned with the terms and conditions of employment for workers within the company. The applicant, Jamtek Structural, sought to establish a new enterprise agreement that would supersede the existing one, which was due to expire. The opposition to this application was based on concerns regarding the proposed changes to employee entitlements and conditions.

The central legal issues that the court had to address involved the validity and fairness of the proposed enterprise agreement. The court was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for terms and conditions that were not less favourable than the applicable award or safety net award. Additionally, the court needed to assess whether the agreement was made in good faith and whether it had been negotiated fairly.

In reaching its decision, the court carefully examined the negotiation process and the content of the proposed agreement. The Fair Work Commission found that the agreement was made in good faith and was not less favourable than the applicable award. The commission also noted that the agreement included provisions that addressed the specific needs of the employees while ensuring that the company's operational requirements were met. Consequently, the court approved the application for the approval of the Jamtek Structural Pty Ltd Enterprise Agreement 2016, deeming it to be compliant with the necessary statutory requirements.

The final orders of the court mandated that the new enterprise agreement be registered and enforceable, effective from the date of the decision. This approval ensured that the terms and conditions outlined in the agreement would govern the employment relationship between Jamtek Structural and its employees moving forward.

Jamtek Structural Pty Ltd T/A Jamtek Structural

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established