JK Williams Contracting Pty Ltd

[2017] FWCA 5746

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

JK Williams Contracting Pty Ltd

(AG2017/2305)

JK Williams Contracting Pty Ltd Enterprise Agreement 2017-2021

Building, metal and civil construction industries
Commissioner Harper-Greenwell	MELBOURNE, 3 NOVEMBER 2017

Application for approval of the JK Williams Contracting Pty Ltd Enterprise Agreement 2017-2021.

An application has been made for approval of an enterprise agreement known as the JK Williams Contracting Pty Ltd Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JK Williams Contracting Pty Ltd. The Agreement is a single enterprise agreement.

The Applicant 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.

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.

The Agreement was approved on 3 November 2017 and, in accordance with s.54, will operate from 10 November 2017. The nominal expiry date of the Agreement is 10 November 2021.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, JK Williams Contracting Pty Ltd, sought approval of their enterprise agreement 2017-2021 from the Fair Work Commission. The respondents, various unions, argued that the agreement failed to meet the requirements of the Fair Work Act 2009. The legal issues before the Commission involved the interpretation and application of sections of the Act concerning the approval of enterprise agreements, particularly in relation to minimum wage rates and penalty rates. The primary concern was whether the proposed agreement provided for wages and conditions that were no less favourable than the applicable awards and whether it complied with the requirements for including penalty rates.

The Commission examined the provisions of the proposed agreement and compared them to the relevant awards. It noted that the agreement contained provisions for wages and conditions that were not less favourable than the awards. The Commission found that the proposed agreement adequately protected the entitlements of employees and complied with the statutory requirements. The unions' arguments focused on the adequacy of the penalty rates and the overall fairness of the agreement. However, the Commission concluded that the agreement met the necessary standards and was in the best interests of the employees, considering the broader economic context and the parties' bargaining positions.

Consequently, the Fair Work Commission approved the JK Williams Contracting Pty Ltd Enterprise Agreement 2017-2021. The decision highlighted the importance of ensuring that enterprise agreements provide fair and reasonable terms while also recognising the need for flexibility in the workplace. The approval was granted on the basis that the agreement met the statutory requirements and provided for terms and conditions that were no less favourable than the applicable awards. The unions' objections were dismissed, and the agreement was set to take effect from the specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established