John Goss Projects Pty Ltd Summary

[2013] FWCA 8525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

John Goss Projects Pty Ltd
(AG2013/10708)

JOHN GOSS PROJECTS PTY LTD NSW ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 28 OCTOBER 2013

Application for approval of the John Goss Projects Pty Ltd NSW Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known asthe John Goss Projects Pty Ltd NSW Enterprise Agreement 2013-2016 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 15 May 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, John Goss Projects Pty Ltd, sought approval of their proposed enterprise agreement, which was to cover the period from 2013 to 2016. The application was heard by the Fair Work Commission, the relevant authority for such matters under the Fair Work Act 2009. The primary dispute centred around whether the proposed agreement met the statutory requirements for approval, particularly whether it provided for fair and reasonable terms and conditions of employment.

The legal issues that the Commission had to decide involved assessing the fairness of the proposed terms and conditions, as well as determining whether the agreement complied with the provisions of the Fair Work Act. Specifically, the Commission needed to consider whether the agreement provided for terms that were no less favourable than the applicable national safety net, and whether the agreement had been negotiated in good faith. Additionally, the Commission had to determine whether the agreement appropriately addressed issues such as pay rates, working conditions, and other employment terms.

In reaching its decision, the Commission examined the proposed agreement in detail, considering the evidence provided by both the applicant and the relevant unions. The Commission noted that the proposed agreement provided for wages and conditions that were at least as favourable as the applicable safety net, and that it had been negotiated in good faith. The Commission concluded that the agreement met the statutory criteria for approval, and thus it was fair and reasonable. The Commission accordingly approved the proposed enterprise agreement.

The final orders included the approval of the John Goss Projects Pty Ltd NSW Enterprise Agreement 2013-2016, with the terms and conditions as specified in the application. This decision confirmed the agreement's validity and provided clarity for the parties involved regarding the employment terms for the specified period.

John Goss Projects Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established