DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JGP Electrical CQ Pty Ltd
(AG2019/3463)

JGP ELECTRICAL CQ PTY LTD (SOUTHERN REGION) ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 18 OCTOBER 2019

Application for approval of the JGP Electrical CQ Pty Ltd (Southern Region) Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the JGP Electrical CQ Pty Ltd (Southern Region) Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JGP Electrical CQ Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 18 October 2019 and, in accordance with s.54, will operate from 25 October 2019. The nominal expiry date of the Agreement is 17 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

JGP Electrical CQ Pty Ltd applied to the Fair Work Commission for the approval of the JGP Electrical CQ Pty Ltd (Southern Region) Enterprise Agreement 2018 - 2022. The applicants were an employer and the respondent was an employee organisation. The nature of the dispute was the approval of an enterprise agreement. The court was the Fair Work Commission, led by Commissioner D. C. Jones.

The primary legal issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, contained minimum entitlements, and if any terms were contrary to public policy or contrary to the objects of the Act. The court also needed to consider the impact of the agreement on employees' rights and the overall fairness of the agreement.

The court found that the enterprise agreement was made in good faith and contained all the minimum entitlements required by the Act. The court also determined that the agreement did not contain any terms that were contrary to public policy or the objects of the Act. The court considered the impact of the agreement on employees' rights and found that it was fair and reasonable. The court approved the enterprise agreement, subject to certain modifications to ensure compliance with the Act. The modifications included changes to the notice periods for termination of employment and the process for resolving disputes. The court's decision was based on a careful consideration of the evidence and arguments presented by both parties.

The final orders of the court included the approval of the enterprise agreement, subject to the modifications outlined in the decision. The court also ordered that the agreement be registered with the Fair Work Commission and that the parties take all necessary steps to give effect to the agreement. The court's decision provides clarity and certainty for both the employer and employees, and ensures that the enterprise agreement is compliant with the requirements of the Act.

JGP Electrical CQ Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established