DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Job Watch Inc. T/A Job Watch Inc.
(AG2020/2997)

JOB WATCH INC. ENTERPRISE AGREEMENT

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 NOVEMBER 2020

Application for approval of the Job Watch Inc. Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Job Watch Inc. Enterprise Agreement 2020 (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. T/A Job Watch Inc.. 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 23 November 2020. The nominal expiry date of the Agreement is 15 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Job Watch Inc. T/A Job Watch Inc. was the subject of an application to the Fair Work Commission (FWC) for the approval of the Job Watch Inc. Enterprise Agreement 2020. The nature of the dispute centred around whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009. The FWC was tasked with assessing if the agreement appropriately covered all relevant terms and conditions of employment and whether it complied with the legal standards and protections outlined in the Act.

The primary legal issues the FWC addressed involved the comprehensiveness of the agreement, its alignment with the national employment standards, and whether it provided for the appropriate bargaining processes. The FWC had to determine if the proposed agreement was genuinely negotiated, free from coercion, and if it provided for a fair and reasonable method of determining employees' wages and conditions. Furthermore, the FWC needed to ensure that the agreement did not undermine the protection of employees' rights as stipulated in the Fair Work Act.

In reaching its decision, the FWC meticulously examined the content and structure of the Job Watch Inc. Enterprise Agreement 2020. It assessed whether the agreement included all mandatory terms and conditions as required by the Fair Work Act and evaluated the processes through which the agreement was negotiated. The FWC found that the agreement adequately addressed all required terms, provided fair mechanisms for wage determination, and complied with the legislative requirements for enterprise agreements. Consequently, the FWC approved the agreement, recognising its adherence to the legal standards and its genuine negotiation process.

The FWC's final orders included the approval of the Job Watch Inc. Enterprise Agreement 2020, subject to its conditions and the continued compliance with the Fair Work Act. This decision ensured that the agreement would be effective in governing the employment terms and conditions of the employees covered by it.

Job Watch Inc. T/A 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