DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Job Watch Inc
(AG2016/3203)

JOB WATCH INC. ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 4 JULY 2016

Application for approval of the Job Watch Inc. Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Job Watch Inc. Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Job Watch Inc. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

COMMISSIONER

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CaseChat Overview and Summary

Job Watch Inc, an employer, sought approval of its 2016 Enterprise Agreement under the Fair Work Act 2009. The Fair Work Commission was the court that heard the case. The dispute centred around whether the proposed agreement complied with the Act's good faith bargaining and other requirements, including provisions concerning pay, conditions, and the dismissal of employees.

The central legal issues included whether the agreement was made in good faith, if it complied with the Act's requirements, and whether it was in the best interests of the employees. The court had to assess whether the bargaining process adhered to the statutory provisions and whether the terms of the agreement were fair and reasonable. It also had to consider if the agreement met the criteria for being made in good faith, as stipulated by the Act.

The Fair Work Commission found that the agreement was made in good faith and met the requirements of the Act. It concluded that the bargaining process was fair and that the terms of the agreement were reasonable and in the best interests of the employees. The Commission approved the agreement, emphasising the importance of good faith bargaining and the need for agreements to be fair and equitable. The decision underscored the legislative intent to ensure that enterprise agreements serve the interests of both employers and employees, promoting harmonious industrial relations.

No further orders were made beyond the approval of the agreement.

Job Watch Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established