DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JML Engineered Facades (NSW) Pty Ltd
(AG2016/5054)

JML ENGINEERED FACADES (NSW) PTY LTD ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the JML Engineered Facades (NSW) Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the JML Engineered Facades (NSW) Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JML Engineered Facades (NSW) Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2016. The nominal expiry date of the Agreement is 11 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

JML Engineered Facades (NSW) Pty Ltd is a company involved in engineered facades, and the Australian Building and Construction Commission (ABCC) sought to have an enterprise agreement approved. The dispute arose when the ABCC applied to the Fair Work Commission for the approval of the JML Engineered Facades (NSW) Pty Ltd Enterprise Agreement 2016-2020. The court was required to determine whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The key legal issues before the court were whether the agreement provided for the minimum entitlements required by law, whether it had been genuinely negotiated, and whether it complied with the procedural requirements set out in the Fair Work Act. The court needed to assess if the agreement contained provisions that met or exceeded the minimum entitlements, and whether it had been negotiated in good faith between the employer and the employees. Additionally, the court examined if the proper procedures for reaching the agreement were followed.

In its decision, the court found that the agreement contained provisions that met or exceeded the minimum entitlements set out in the relevant awards. It was determined that the agreement had been genuinely negotiated between the parties, and that the procedural requirements of the Fair Work Act had been satisfied. The court concluded that the agreement was fair and appropriate for approval. The application for approval was subsequently granted.

No further orders were made by the court beyond the approval of the enterprise agreement. The decision reinforces the importance of ensuring that enterprise agreements meet the statutory requirements for minimum entitlements, genuine negotiation, and procedural fairness.

JML Engineered Facades (NSW) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established