DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JHM Drainage Pty Ltd
(AG2019/705)

JHM DRAINAGE PTY LTD ENTERPRISE AGREEMENT 2019-2023

Water, sewage and drainage services
DEPUTY PRESIDENT BOOTH	SYDNEY, 14 JUNE 2019

Application for approval of the JHM Drainage Pty Ltd Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the JHM Drainage Pty Ltd Enterprise Agreement 2019-2023 (Agreement). That application was made by Mr Simon Riethof, Director of JHM Drainage Pty Ltd, pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single-enterprise agreement.

[2] Mr Riethof on behalf of JHM Drainage Pty Ltd has provided written undertakings. Those undertakings are 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 undertaking will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 14 June 2019 and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 14 June 2023, being four (4) years after its approval by the Fair Work Commission as provided in undertaking 1 in Annexure A.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of JHM Drainage Pty Ltd involved an application for the approval of the Enterprise Agreement 2019-2023. The applicant, JHM Drainage Pty Ltd, sought the Fair Work Commission's (FWC) approval of the agreement which was intended to cover its employees. The dispute centred on whether the agreement complied with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Fair Work Commission heard and decided the matter.

The primary legal issue was whether the Enterprise Agreement met the requirements under the Fair Work Act and Regulations. Specifically, the FWC needed to determine if the agreement provided for minimum entitlements, included appropriate dispute resolution processes, and was made in good faith. The applicant argued that the agreement was fair and met all legislative requirements, while no other party contested the application.

The FWC examined the agreement clause by clause, considering the provisions against the statutory requirements. The Commission found that the agreement was comprehensive and provided for all minimum entitlements, including wages, leave entitlements, and other terms and conditions of employment. It also contained appropriate mechanisms for resolving disputes between the parties. The FWC concluded that the agreement was made in good faith and was fair and reasonable, meeting all legislative criteria.

As a result, the FWC approved the JHM Drainage Pty Ltd Enterprise Agreement 2019-2023, finding it compliant with the relevant legislation. The agreement was thereby registered, and the terms it contained became legally binding on the parties from the effective date.

JHM Drainage Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established