DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Goss Projects Pty Ltd
(AG2016/7545)

JOHN GOSS PROJECTS PTY LTD NSW ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 27 JANUARY 2017

Application for approval of the John Goss Projects Pty Ltd NSW Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the John Goss Projects Pty Ltd NSW Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Goss Projects 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 is approved and, in accordance with s.54 of the Act, will operate from 3 February 2017. The nominal expiry date of the Agreement is 26 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application was brought by John Goss Projects Pty Ltd in the Fair Work Commission, seeking approval for the John Goss Projects Pty Ltd NSW Enterprise Agreement 2016 - 2020. The application involved a dispute between the company and its employees regarding the terms and conditions of their employment.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for minimum rates of pay, classification of employees, and other entitlements as required by law. The court was also required to consider whether the agreement had been genuinely negotiated between the parties and whether it met the "better off overall test," which requires that employees be no worse off than they would be under the applicable award or other industrial instrument.

In its decision, the Fair Work Commission found that the agreement met all of the requirements of the Fair Work Act. The court found that the agreement provided for minimum rates of pay, classification of employees, and other entitlements as required by law, and that it had been genuinely negotiated between the parties. The court also found that the agreement met the better off overall test, as employees would be better off under the agreement than they would be under the applicable award or other industrial instrument.

As a result of the court's decision, the John Goss Projects Pty Ltd NSW Enterprise Agreement 2016 - 2020 was approved and became legally binding on the parties. The agreement sets out the terms and conditions of employment for employees of the company for the period 2016 to 2020.

John Goss Projects 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