JK Williams Contracting Pty Ltd

[2013] FWCA 1848

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

JK Williams Contracting Pty Ltd
(AG2013/673)

JK WILLIAMS CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 27 MARCH 2013

Application for approval of the JK Williams Contracting Pty Ltd Enterprise Agreement 2013 - 2017 .

[1] An application has been made for approval of an enterprise agreement known as the JK Williams Contracting Pty Ltd Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by JK Williams Contracting Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 2 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the employer, JK Williams Contracting Pty Ltd, for approval of the Enterprise Agreement 2013-2017. The agreement was intended to regulate the employment terms and conditions of the company's employees. The Commission was tasked with ensuring that the agreement met the criteria outlined in the Fair Work Act 2009.

The primary legal issues addressed by the Commission included whether the agreement was genuinely bargained between the employer and the employees, whether it complied with the "better off overall test" and whether it adhered to the Fair Work Act's provisions. The Commission also examined the processes by which the agreement was negotiated to determine if they were fair and appropriate.

In evaluating the application, the Commission considered the submissions from both the employer and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Commission found that the agreement was genuinely negotiated, meeting the requirements of the Act. The agreement was also found to be compliant with the "better off overall test" and satisfied all relevant provisions of the Fair Work Act. The negotiation process was deemed fair, and the agreement was therefore approved.

As a result of the approval, the Enterprise Agreement 2013-2017 between JK Williams Contracting Pty Ltd and the CFMEU was made binding on all employees covered by the agreement, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established