Jetcrete Oz Pty Ltd T/A Jetcrete Oz Pty Ltd

[2024] FWCA 2541

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jetcrete Oz Pty Ltd T/A Jetcrete Oz Pty Ltd

(AG2024/2154)

JETCRETE OZ ENTERPRISE AGREEMENT 2024

Mining industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 9 JULY 2024

Application for approval of the Jetcrete Oz Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Jetcrete Oz Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Jetcrete Oz Pty Ltd trading as Jetcrete Oz Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 8 July 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Mining Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2024. The nominal expiry date of the Agreement is 9 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Jetcrete Oz Pty Ltd T/A Jetcrete Oz Pty Ltd, the parties involved in the dispute were Jetcrete Oz Pty Ltd and its employees. The matter pertained to an application for the approval of the Jetcrete Oz Enterprise Agreement 2024. The application was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval, and if it provided fair and equitable terms for both the employer and employees. This included assessing whether the agreement contained minimum entitlements as prescribed by the Fair Work Act 2009 and if it was negotiated in good faith. Additionally, the Commission considered if the agreement complied with procedural fairness and if it provided for effective dispute resolution mechanisms.

In its decision, the Commission examined the negotiation process and found that the agreement was the result of genuine and meaningful bargaining between the parties. The Commission confirmed that the proposed agreement met the minimum entitlements required by law and was not less favourable than the applicable award or safety net. The procedural fairness was upheld as the employees had been adequately informed and had the opportunity to participate in the negotiation process. The Commission also noted that the dispute resolution procedures outlined in the agreement were robust and in line with the statutory requirements. As a result, the Commission approved the Jetcrete Oz Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established