JC Services Australia Pty Ltd Summary

[2023] FWCA 2564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JC Services Australia Pty Ltd

(AG2023/2622)

JC SERVICES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2023-2027

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 16 AUGUST 2023

Application for approval of the JC Services Australia Pty Ltd Enterprise Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the JC Services Australia Pty Ltd Enterprise Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JC Services Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 23 August 2023. The nominal expiry date of the Agreement is 16 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the JC Services Australia Pty Ltd Enterprise Agreement 2023-2027. The applicant, JC Services Australia Pty Ltd, sought approval of the agreement under the Fair Work Act 2009, as the enterprise agreement was deemed to have been made by the employer and its employees. The dispute involved various terms and conditions of employment, including wages, working hours, and other employment-related provisions. The Commission was required to determine whether the agreement met the criteria for approval under the Act.

The primary legal issues before the Commission were whether the enterprise agreement was a genuine bargain between the parties, whether it complied with the good faith requirement, and whether it met the specific provisions of the Fair Work Act. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment. The Commission also had to ensure that the agreement did not discriminate against any particular group of employees.

The Commission found that the enterprise agreement was a genuine bargain made between the parties, as it was negotiated in good faith and without coercion. The agreement was found to comply with the good faith requirement, and it met the specific provisions of the Fair Work Act. The Commission also determined that the agreement was in the best interests of the employees and provided for fair and reasonable terms and conditions of employment. The agreement did not discriminate against any particular group of employees, and therefore, the Commission approved the JC Services Australia Pty Ltd Enterprise Agreement 2023-2027.

JC Services Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established