DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JAXON Management Pty Ltd
(AG2016/6554)

JAXON MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 NOVEMBER 2016

Application for approval of the Jaxon Management Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Jaxon Management 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 Jaxon Management Pty Ltd. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2016. The nominal expiry date of the Agreement is 14 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jaxon Management Pty Ltd applied for approval of the Jaxon Management Pty Ltd Enterprise Agreement 2016. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The dispute centred around the conditions of employment for employees within Jaxon Management's operations.

The primary legal issue was whether the enterprise agreement provided for minimum wages and conditions as stipulated in the Act. The court had to assess the agreement's provisions against the statutory benchmarks to determine compliance. Additionally, the court examined if the agreement was made in good faith and whether it included appropriate dispute resolution mechanisms.

The Fair Work Commission found that the Jaxon Management Pty Ltd Enterprise Agreement 2016 did indeed provide for minimum wages and conditions as required by the Fair Work Act 2009. The court was satisfied that the agreement was made in good faith and included adequate dispute resolution processes. Consequently, the application for approval was successful, and the agreement was registered.

JAXON Management 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