John e. Slee Pty Ltd

[2014] FWCA 7708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John e. Slee Pty Ltd
(AG2014/9180)

JOHN E. SLEE PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 29 OCTOBER 2014

Application for approval of the John e. Slee Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the John e. Slee Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John e. Slee 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, 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 was approved on 29 October 2014 and, in accordance with s.54, will operate from 5 November 2014. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure

CaseChat Overview and Summary

The applicants, John e. Slee Pty Ltd, sought approval of the John e. Slee Pty Ltd Enterprise Agreement 2014. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, objected to the application on various grounds. The matter was heard in the Fair Work Commission. The legal issues the court had to determine included whether the agreement complied with the relevant legislative provisions, specifically in relation to the provisions concerning redundancy payments and the definition of 'hours worked'. The applicants argued that the agreement was in accordance with the law and that it was fair and reasonable. The respondent contended that certain clauses were not compliant with the law and were not fair and reasonable.

The Fair Work Commission found that the agreement was not compliant with the law in certain respects. The court held that the definition of 'hours worked' was inconsistent with the Fair Work Act and that the redundancy payment provisions were not in accordance with the law. The court also found that certain clauses were not fair and reasonable. However, the court approved the agreement with some modifications to the clauses in question. The court held that the overall effect of the agreement was fair and reasonable, and that the modifications would not significantly impact the applicants' ability to manage their business. The court also noted that the agreement provided for a fair and reasonable process for resolving disputes between the parties.

The Fair Work Commission approved the John e. Slee Pty Ltd Enterprise Agreement 2014, with modifications to the definition of 'hours worked' and the redundancy payment provisions. The court also made orders to ensure that the modified agreement would be brought to the attention of all relevant employees. The modifications were designed to ensure compliance with the law and to address the concerns raised by the respondent. The court held that the modified agreement was fair and reasonable, and that it would provide for a satisfactory process for resolving disputes between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established