DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joii Limited T/A Joii
(AG2021/5051)

JOII TRADES VIC & NSW ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 9 JUNE 2021

Application for approval of the Joii Trades Vic & NSW Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Joii Trades Vic & NSW Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Joii Limited T/A Joii. 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 16 June 2021. The nominal expiry date of the Agreement is 8 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE511800 PR730617>
Annexure A

CaseChat Overview and Summary

Joii Limited, trading as Joii, sought approval for the Joii Trades Vic & NSW Enterprise Agreement 2021 in the Fair Work Commission. The applicant, Joii Limited, is an employer engaged in the building and construction industry, while the respondents included various trade unions representing the employees. The primary dispute centred around the terms and conditions of employment as outlined in the proposed agreement, including wages, hours, and other employment-related matters.

The court was tasked with determining whether the agreement met the requirements set out in the Fair Work Act 2009, particularly whether it facilitated, promoted, or improved the terms and conditions of employment, and whether it was consistent with the objectives of the Act. This involved examining if the proposed agreement provided for fair and reasonable terms and conditions, including the minimum wages and conditions set by the relevant awards.

After careful consideration of the submissions from both parties, the Fair Work Commission found that the Joii Trades Vic & NSW Enterprise Agreement 2021 did indeed meet the statutory requirements. The court was satisfied that the agreement facilitated, promoted, and improved the terms and conditions of employment. Consequently, the application for approval was granted. The commission highlighted that the agreement provided for fair and reasonable terms and conditions, aligning with the objectives of the Act and the minimum standards set by relevant awards.

The Fair Work Commission approved the Joii Trades Vic & NSW Enterprise Agreement 2021, effective from the date of the decision. The agreement was deemed to meet the necessary criteria under the Fair Work Act 2009 and was found to facilitate, promote, and improve the terms and conditions of employment. This decision provided clarity and certainty for both the employer and the employees regarding their rights and obligations under the approved agreement.

Joii Limited T/A Joii

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established