JBP Construction Pty Ltd

[2013] FWCA 2828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

JBP Construction Pty Ltd
(AG2013/992)

JBP CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 9 MAY 2013

Application for approval of the JBP Construction Pty Ltd Enterprise Agreement 2013 .

[1] An application has been made for approval of an enterprise agreement known as the JBP Construction Pty Ltd Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by JBP Construction Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 16 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT “A”

CaseChat Overview and Summary

The Fair Work Commission was asked to consider the application for approval of the JBP Construction Pty Ltd Enterprise Agreement 2013. The applicant, JBP Construction Pty Ltd, sought to have the agreement, which was reached between the company and its employees, recognised and enforced as a legally binding document. The nature of the dispute involved the terms and conditions of employment as outlined in the proposed agreement, with the central issue being whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed agreement provided for the terms and conditions of employment of the relevant employees in a manner that was consistent with the provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement complied with the requirements for employee representation, the process of good faith bargaining, and the minimum standards set by the Act. Additionally, the Commission needed to determine if the agreement included all the mandatory terms prescribed by the Act and whether it met the criteria for being a "single, integrated and complete" document.

In reaching its decision, the Commission noted that the agreement had been negotiated in good faith and was supported by the majority of the employees. The Commission confirmed that the agreement was a single, integrated and complete document and that it provided for the mandatory terms as required by the Fair Work Act. Furthermore, the Commission was satisfied that the process of negotiation and the representation of employees were in accordance with the legislative framework. Consequently, the Commission approved the JBP Construction Pty Ltd Enterprise Agreement 2013, finding that it met all the necessary legal requirements for recognition and enforcement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established