JBS Fencing and Machinery Hire Pty Ltd T/A JBS Fencing and Machinery Hire

[2014] FWCA 2382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Fencing and Machinery Hire Pty Ltd T/A JBS Fencing and Machinery Hire
(AG2014/4085)

JBS FENCING AND MACHINERY HIRE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 APRIL 2014

Application for approval of the JBS Fencing and Machinery Hire Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the JBS Fencing and Machinery Hire Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[4] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, JBS Fencing and Machinery Hire Pty Ltd trading as JBS Fencing and Machinery Hire, sought approval of the JBS Fencing and Machinery Hire Enterprise Agreement 2014. The application was heard in the Fair Work Commission. The nature of the dispute involved whether the enterprise agreement complied with the Fair Work Act 2009, including provisions related to minimum entitlements and the process for making the agreement.

The primary legal issues before the Commission were whether the enterprise agreement provided for the minimum entitlements as required by the Fair Work Act and if the agreement was made in accordance with the provisions of the Act. The Commission needed to determine if the agreement had been fairly and properly made, including whether it had been negotiated in good faith and if the process for its approval was followed correctly.

In reaching its decision, the Commission examined the evidence and submissions provided by both parties. It considered the negotiation process, the content of the agreement, and compliance with the statutory requirements. The Commission concluded that the agreement did provide for the minimum entitlements as required by the Act and that the process for making the agreement was in accordance with the law. Therefore, the application for approval was successful.

The final orders of the Commission were to approve the JBS Fencing and Machinery Hire Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established