DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JNR Civil Pty Ltd T/A JNR Civil
(AG2019/3972)

JNR CIVIL ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 NOVEMBER 2019

Application for approval of the JNR Civil Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the JNR Civil Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JNR Civil Pty Ltd T/A JNR Civil. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of JNR Civil Pty Ltd T/A JNR Civil involved an application for the approval of the JNR Civil Enterprise Agreement 2019. The applicant, JNR Civil Pty Ltd, sought the approval of the agreement, which was to be made under the Fair Work Act 2009. The application was heard by the Fair Work Commission, specifically the Full Bench, in Sydney. The dispute centred around the terms and conditions set out in the enterprise agreement and whether they met the statutory requirements for approval under the Fair Work Act.

The key legal issues before the Full Bench included whether the enterprise agreement provided for appropriate minimum terms as required by section 235 of the Act, and if it contained the necessary good faith bargaining provisions as mandated by section 230. The applicant argued that the agreement was fair and reasonable, meeting all statutory requirements, while the respondent contended that certain terms of the agreement were unfair and did not comply with the legislative standards.

In its decision, the Full Bench of the Fair Work Commission found that the enterprise agreement contained provisions that did not meet the statutory minimum terms as outlined in section 235 of the Fair Work Act. The Bench also determined that certain aspects of the agreement did not reflect genuine good faith bargaining as required by section 230. As a result, the application for the approval of the JNR Civil Enterprise Agreement 2019 was dismissed. The Full Bench emphasized the importance of ensuring that enterprise agreements comply with all statutory requirements to protect the interests of both employers and employees.

JNR Civil Pty Ltd T/A JNR Civil

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established