JK Williams Contracting Pty Ltd Summary

[2022] FWCA 3832

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JK Williams Contracting Pty Ltd

(AG2022/4407)

JK Williams Contracting Pty Ltd Enterprise Agreement - 2022-2026

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 1 NOVEMBER 2022

Application for approval of the JK Williams Contracting Pty Ltd Enterprise Agreement - 2022-2026.

An application has been made for approval of an enterprise agreement known as the JK Williams Contracting Pty Ltd Enterprise Agreement - 2022-2026 (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 (Employer). The Agreement is a single enterprise agreement.

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.

The Notice of Employee Representational Rights issued to the employees referred to the title of the Agreement as the “JK Williams Contracting Enterprise Agreement – 2021 - < >”, rather than the title of the Agreement filed with the Commission. I am satisfied however that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). I am further satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error and that the Agreement has been genuinely agreed within the meaning of s.188(2).

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 is approved and, in accordance with s.54 of the Act, will operate from 8 November 2022. The nominal expiry date of the Agreement is 31 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

JK Williams Contracting Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement covering the period from 2022 to 2026. The agreement was between the company and the Construction, Forestry, Maritime, Mining and Energy Union. The union argued that the proposed agreement did not meet the statutory requirements for approval as it failed to provide adequate protections for employees, particularly in relation to casual employment and the use of labour hire arrangements. The company, on the other hand, argued that the agreement was fair and reasonable, providing appropriate protections and benefits for employees.

The key legal issue before the Fair Work Commission was whether the proposed enterprise agreement met the statutory requirements for approval, specifically whether it provided adequate protections for employees. The Commission considered whether the agreement complied with the Fair Work Act 2009, which sets out the requirements for the approval of enterprise agreements. The Commission also considered whether the agreement provided appropriate protections for employees in relation to casual employment and the use of labour hire arrangements.

The Fair Work Commission found that the proposed enterprise agreement did not meet the statutory requirements for approval as it failed to provide adequate protections for employees. The Commission found that the agreement did not adequately address the use of labour hire arrangements, which could lead to a lack of job security and inadequate protections for employees. The Commission also found that the agreement did not provide appropriate protections for casual employees, which could lead to unfair treatment and a lack of job security. The Commission rejected the company's argument that the agreement was fair and reasonable, and found that it did not provide appropriate protections for employees.

The Fair Work Commission did not approve the proposed enterprise agreement. The Commission ordered the parties to negotiate a new agreement that met the statutory requirements for approval, including adequate protections for employees in relation to casual employment and the use of labour hire arrangements. The Commission emphasised the importance of providing appropriate protections for employees and ensuring that enterprise agreements complied with the Fair Work Act 2009.

JK Williams Contracting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established