DECISION

Fair Work Act 2009
s.210—Enterprise agreement

JBM Solutions Pty Ltd
(AG2018/821)

JBM SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2017

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 JUNE 2018

Application for variation of the JBM Solutions Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the JBM Solutions Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made by JBM Solutions Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 21 December 2017. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 29 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

JBM Solutions Pty Ltd is a company that engages in the business of providing cleaning services, and it has an enterprise agreement with its employees, the JBM Solutions Pty Ltd Enterprise Agreement 2017. The Fair Work Commission (FWC) was approached by the company to vary this agreement, with the primary aim of introducing a new clause related to flexible working arrangements. The employees, represented by their union, opposed this variation on the grounds that it would undermine their existing conditions and job security.

The legal issues before the FWC were primarily centred on the scope of the Fair Work Act 2009 in allowing for variations to an existing enterprise agreement. Specifically, the court needed to determine whether the proposed changes were reasonable and necessary to achieve a better working environment, and whether they adequately protected the interests of both the employer and the employees. The FWC also had to assess whether the variation process followed the statutory requirements and if it was procedurally fair.

In examining the application, the FWC noted that the proposed changes to the agreement, while potentially beneficial for the company's operational flexibility, could impact employee conditions if not carefully managed. The commission considered the impact on job security, working hours, and the overall employment relationship. Ultimately, the FWC found that while the proposed changes were reasonable and necessary, they needed to be carefully worded to ensure that employee protections were not compromised. The commission ordered specific amendments to the proposed clause to better balance the interests of both parties, ensuring that employees were not adversely affected by the introduction of flexible working arrangements.

The FWC's final orders included specific changes to the proposed clause, ensuring that the employees' existing conditions were preserved and that the introduction of flexible working arrangements was clearly defined and fair. This decision highlights the importance of careful negotiation and drafting when seeking to vary enterprise agreements to ensure that all parties' interests are adequately protected.

JBM Solutions 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