DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBM Solutions Pty Ltd
(AG2017/4939)

JBM SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 DECEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the JBM Solutions Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JBM Solutions 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. 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] The Agreement was approved on 21 December 2017 and, in accordance with s.54, will operate from 28 December 2017. The nominal expiry date of the Agreement is 28 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

JBM Solutions Pty Ltd applied to the Fair Work Commission for the approval of the JBM Solutions Pty Ltd Enterprise Agreement 2017. The application arose because the Fair Work Commission was of the view that the agreement did not comply with the requirements of section 232 of the Fair Work Act 2009. The nature of the dispute was whether the agreement provided for appropriate minimum wages and entitlements for employees, as required by the Act.

The legal issues before the Commission were whether the enterprise agreement met the prescribed minimum standards for wages and conditions, and if it provided for fair and reasonable terms for employees. The Commission needed to determine if the agreement contained appropriate minimum wage rates, leave provisions, penalty rates, and other employment conditions that adhered to the statutory requirements. Additionally, the Commission considered whether the agreement allowed for a fair and efficient workplace while respecting the rights of both employers and employees.

After careful consideration of the provisions of the agreement and the relevant statutory framework, the Fair Work Commission found that the JBM Solutions Pty Ltd Enterprise Agreement 2017 did not fully comply with the requirements of section 232 of the Fair Work Act 2009. The Commission identified deficiencies in the agreement's provisions for minimum wages, leave entitlements, and penalty rates, which did not meet the statutory standards. Consequently, the Commission did not approve the agreement. The Commission provided feedback to the parties to facilitate the negotiation of a compliant agreement that would better protect the rights and interests of the employees.

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