Jobtrail Services Pty Ltd

[2024] FWCA 2466

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Jobtrail Services Pty Ltd

(AG2024/2147)

JOBTRAIL SERVICES & AWU COOMERA CONNECTOR CENTRAL CIVIL WORKS AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 3 JULY 2024

Application for approval of the Jobtrail Services & AWU Coomera Connector Central Civil Works Agreement 2024

An application has been made for the approval of a greenfields agreement known as the Jobtrail Services & AWU Coomera Connector Central Civil Works Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jobtrail Services Pty Ltd (the Applicant).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186 and 187 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

In accordance with s. 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers this organisation.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jobtrail Services Pty Ltd sought approval of an agreement with the Australian Workers' Union regarding civil works at the Coomera site. The application was before the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to its coverage and provisions. The Commission needed to determine if the agreement was a simple, streamlined, and efficient agreement, and whether it met the criteria for approval under section 235 of the Fair Work Act.

The Commission found that the proposed agreement was straightforward and did not contain complex provisions. It was deemed to be streamlined and efficient, meeting the requirements for a single-enterprise agreement. The Commission also considered the nature of the work involved and the parties' bargaining positions. It concluded that the agreement was fair and balanced, taking into account the interests of both employers and employees. The Commission was satisfied that the agreement provided for adequate consultation mechanisms and that it would not have an adverse effect on employees' employment conditions.

In light of the findings, the Commission approved the Jobtrail Services & AWU Coomera Connector Central Civil Works Agreement 2024. The decision was based on the evidence presented, which demonstrated that the agreement was in compliance with the relevant legislative framework. The approval was granted subject to certain conditions, including the requirement for ongoing monitoring and reporting to ensure the agreement's continued fairness and effectiveness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established