Jkr Group Australia Pty Ltd T/A Jkr Group Australia Pty Ltd

Case [2024] FWCA 2242
[2024] FWCA 2242

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Jkr Group Australia Pty Ltd T/A Jkr Group Australia Pty Ltd

(AG2024/1921)

JKR GROUP AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries

COMMISSIONER DURHAM

BRISBANE, 17 JUNE 2024

Application for approval of the JKR Group Australia Pty Ltd Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the JKR Group Australia Pty Ltd Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jkr Group Australia Pty Ltd T/A Jkr Group Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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<AE525074  PR776099>

Details
AGLC
Jkr Group Australia Pty Ltd T/A Jkr Group Australia Pty Ltd [2024] FWCA 2242
Case
[2024] FWCA 2242
Decision Date

CaseChat Overview and Summary

The matter involved Jkr Group Australia Pty Ltd, trading as Jkr Group Australia Pty Ltd, which sought approval of its enterprise agreement for the year 2024. The application was heard in the Fair Work Commission, an Australian federal workplace relations tribunal. The primary dispute centred around the fairness and efficacy of the proposed enterprise agreement, which aimed to set out terms and conditions of employment for the company's employees.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and whether the agreement was genuinely negotiated. Key concerns were whether the agreement was free from coercion, undue influence, and whether it appropriately covered essential terms and conditions as mandated by the Act. Additionally, the Commission assessed whether the agreement appropriately balanced the interests of both employers and employees.

The Commission found that the agreement had been negotiated in good faith and was free from any undue influence or coercion. It was noted that the bargaining process was transparent and involved adequate consultation with employee representatives. The agreement was deemed to cover all required terms and conditions, and the Commission was satisfied that it provided a fair and reasonable framework for employment. Consequently, the Commission approved the application, affirming that the agreement was consistent with the statutory requirements and served the interests of both parties fairly. The approval of the enterprise agreement was thus upheld, allowing it to take effect as of the agreed date.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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