JMD Facility Services Pty Ltd & JMD Security Pty Ltd

[2014] FWCA 1261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JMD Facility Services Pty Ltd & JMD Security Pty Ltd
(AG2013/10384)

JMD GROUP ENTERPRISE AGREEMENT 2013

Security services
COMMISSIONER GREGORY	MELBOURNE, 19 FEBRUARY 2014

Application for approval of the JMD Group Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the JMD Group Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JMD Facility Services Pty Ltd & JMD Security Pty Ltd. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2014. The nominal expiry date of the Agreement is 15 November 2017.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicants, JMD Facility Services Pty Ltd and JMD Security Pty Ltd, sought approval of the JMD Group Enterprise Agreement 2013. The applicants are employers represented by the Australian Services Union and the respondents are employees represented by the Australian Services Union. The dispute centred on the procedural fairness of the bargaining process and the validity of the agreement itself.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it was approved by the requisite majority of employees, and whether the process of approval was procedurally fair. Additionally, the Commission had to consider whether the agreement complied with relevant provisions of the Fair Work Act 2009.

The Commission found that the bargaining process was generally fair and that the agreement was genuinely negotiated between the parties. The Commission was satisfied that the requisite majority of employees had approved the agreement. However, the Commission identified some procedural issues, such as the timing of the ballot and the communication of the outcome to the employees. Despite these issues, the Commission concluded that they did not significantly affect the fairness of the overall process. Consequently, the Commission approved the JMD Group Enterprise Agreement 2013.

The Commission ordered that the agreement be registered and become a registered agreement under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision and would apply to the employees covered by the agreement. The employers were required to give written notice of the registration to all affected employees within ten business days of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established