DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jocon SA Pty Ltd
(AG2015/5112)

JOCON SA PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 OCTOBER 2015

Application for approval of the Jocon SA Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Jocon SA Pty Ltd Enterprise Agreement 2015 (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 Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 15 October 2015 and, in accordance with s.54, will operate from 22 October 2015. The nominal expiry date of the Agreement is 22 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jocon SA Pty Ltd applied for the approval of the Jocon SA Pty Ltd Enterprise Agreement 2015, which was made between the company and its employees. The dispute arose because the company sought to have the agreement approved under section 231 of the Fair Work Act 2009, which allows for the registration of an enterprise agreement if it meets certain criteria. The applicants argued that the agreement was made in good faith and met all the statutory requirements for approval.

The primary legal issue before the court was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009 and was made in good faith. The court had to determine if the agreement contained all the necessary terms and conditions, if it was made without any improper influence, and if it was in line with the overall purpose of the Act, which is to create a balanced framework for fair and productive workplace relations. The court also needed to consider whether the agreement had been properly negotiated and if it provided a fair and reasonable outcome for both the employer and the employees.

The court examined the provisions of the agreement and the circumstances under which it was made. It found that the agreement met all the requirements set out in the Fair Work Act 2009, including the inclusion of all mandatory terms and conditions, the absence of any improper influence, and the negotiation process that was conducted in good faith. The court was satisfied that the agreement was fair and reasonable and provided a balanced outcome for both parties. As a result, the court approved the Jocon SA Pty Ltd Enterprise Agreement 2015.

The court's decision was based on the evidence presented and the legal framework provided by the Fair Work Act 2009. The approval of the enterprise agreement ensures that both the employer and employees have a clear understanding of their rights and obligations, and it helps to maintain a productive and harmonious workplace. The final order of the court was the approval of the Jocon SA Pty Ltd Enterprise Agreement 2015, which is now registered under the Fair Work Act 2009.

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