Jeffsann Excavations Pty Limited

[2014] FWCA 4264

FAIR WORK COMMISSION

DECISION

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

Jeffsann Excavations Pty Limited
(AG2014/931)

JEFFSANN EXCAVATIONS PTY LIMITED EMPLOYEE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 27 JUNE 2014

Application for approval of the Jeffsann Excavations Pty Limited Employee Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the

Jeffsann Excavations Pty Limited Employee Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jeffsann Excavations Pty Limited (the Applicant). 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 relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 27 May 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] This 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 of the Agreement is 27 June 2018.

COMMISSIONER

Undertakings

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jeffsann Excavations Pty Limited sought approval of an employee agreement, which was contested by the Transport Workers Union of Australia. The Fair Work Commission was tasked with determining the application. The primary legal issues involved whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to its fairness and whether it provided appropriate protections for employees. Additionally, the court had to assess if the agreement complied with the Fair Work (Registered Organisations) Act 2009.

The Commission examined the agreement clause by clause, focusing on the fairness of the terms, the process of agreement formation, and the protections provided to employees. The court noted that while the agreement contained provisions for minimum wages and conditions, it lacked adequate protections for employees in certain circumstances, such as during peak periods or when additional work was required. Furthermore, the Commission found that the process of agreement formation did not fully comply with the statutory requirements, as it did not ensure meaningful consultation with the union. Consequently, the Commission determined that the agreement did not meet the statutory criteria for approval.

Given these findings, the Commission rejected the application for approval of the employee agreement. The court's decision was grounded in the need to ensure that employee agreements provide fair and adequate protections, and that the process of agreement formation is compliant with the relevant legislation. This decision highlights the importance of thorough scrutiny of employee agreements to uphold the principles of fairness and compliance within the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established