DECISION

Fair Work Act 2009
s.185 - Enterprise agreement

JK Williams Contracting Pty Ltd
(AG2019/5072)

JK WILLIAMS CONTRACTING PTY LTD (MAINTENANCE DIVISION) ENTERPRISE AGREEMENT 2019 - 2023

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 20 MARCH 2020

Application for approval of the JK Williams Contracting Pty Ltd (Maintenance Division) Enterprise Agreement 2019 - 2023.

[1] An application has been made for the approval of an enterprise agreement known as the JK Williams Contracting Pty Ltd (Maintenance Division) Enterprise Agreement 2019 - 2023 (‘the Agreement’). The application was made by JK Williams Contracting Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’ and ‘Annexure B’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 March 2020. The nominal expiry date of the Agreement is 9 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

The parties involved in the case were JK Williams Contracting Pty Ltd (Maintenance Division) and its employees, represented by their union. The dispute centred on the approval of the Enterprise Agreement 2019-2023, which was to govern the terms and conditions of employment for the workers. The case was heard in the Fair Work Commission, an Australian federal statutory body responsible for resolving disputes related to employment.

The legal issues before the Court involved determining whether the agreement was made in good faith, and whether it met the requirements for approval under the Fair Work Act 2009. Specifically, the Court had to consider whether the agreement was in the best interests of the employees, and whether it contained appropriate provisions for minimum wages and conditions, as well as any other relevant matters. The Court was also required to assess whether the agreement had been properly negotiated, and whether it was fair and reasonable in all the circumstances.

The Court found that the agreement was made in good faith and met the requirements for approval under the Act. The Court noted that the agreement provided for minimum wages and conditions that were no less favourable than those provided by the relevant awards, and that it contained appropriate provisions for other matters such as leave, overtime, and redundancy. The Court also found that the agreement had been properly negotiated, and that it was fair and reasonable in all the circumstances. Accordingly, the Court approved the Enterprise Agreement 2019-2023.

The final orders of the Court were that the Enterprise Agreement 2019-2023 be approved, and that it be registered with the Fair Work Commission. The agreement will now govern the terms and conditions of employment for the workers in the Maintenance Division of JK Williams Contracting Pty Ltd for the next four years.

JK Williams Contracting 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