DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jocon (SA) Pty Ltd
(AG2019/282)

JOCON SA PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 8 JULY 2019

Application for approval of the Jocon SA Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Jocon SA Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jocon (SA) Pty Ltd. 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.

[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 July 2019. The nominal expiry date of the Agreement is 15 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Jocon (SA) Pty Ltd for the approval of the Jocon SA Pty Ltd Enterprise Agreement 2018. The dispute arose between the employer and the union representing the employees, with the union seeking to challenge the agreement on various grounds. The Commission was tasked with determining whether the agreement met the statutory requirements for approval and if it was in the best interests of the employees.

The legal issues before the Commission included whether the agreement had been genuinely negotiated, if it contained mandatory terms as required by the Fair Work Act 2009, and whether the agreement met the 'better off overall test'. Furthermore, the Commission had to consider if the agreement complied with the 'good faith' requirement and if it provided for adequate dispute resolution mechanisms.

In delivering its decision, the Commission found that the agreement had been genuinely negotiated and contained all the mandatory terms required by the legislation. The Commission also determined that the agreement met the better off overall test, as it provided for a range of benefits that were considered to be favourable for the employees. The Commission was satisfied that the agreement was made in good faith and that it provided for appropriate dispute resolution mechanisms. Consequently, the Commission approved the Jocon SA Pty Ltd Enterprise Agreement 2018.

The Fair Work Commission approved the Jocon SA Pty Ltd Enterprise Agreement 2018, finding it to be in compliance with the statutory requirements and in the best interests of the employees. The Commission's decision effectively resolved the dispute between the employer and the union, allowing the agreement to come into effect and govern the employment conditions of the employees covered by the agreement.

Jocon (SA) 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