DECISION

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

Jon Kendall & Associates Pty Ltd as trustee for the Kendall Family Trust T/A JKA Commercial Glazing
(AG2015/1996)

JKA COMMERCIAL GLAZING ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 12 MARCH 2015

Application for approval of the JKA Commercial Glazing Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 25 February 2015 by Jon Kendall & Associates Pty Ltd as trustee for the Kendall Family Trust T/A JKA Commercial Glazing for the approval of a single-enterprise agreement known as the JKA Commercial Glazing Enterprise Agreement 2015(“the Agreement”).

[2] On 12 March 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jon Kendall & Associates Pty Ltd as trustee for the Kendall Family Trust T/A JKA Commercial Glazing applied for approval of the JKA Commercial Glazing Enterprise Agreement 2015. The applicant sought the Fair Work Commission's approval of the agreement, which had been negotiated between the employer and its employees. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and was fit for purpose. The Fair Work Commission was the court in this matter.

The primary legal issue before the Commission was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement fairly reflected the terms and conditions of employment, including minimum wages, leave entitlements, and other employment standards. Additionally, the Commission needed to ensure that the agreement had been made in good faith and without coercion, and that it was suitable for the enterprise's specific circumstances.

In reaching its decision, the Fair Work Commission examined the content and structure of the JKA Commercial Glazing Enterprise Agreement 2015. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the enterprise and the bargaining power of the parties. The Commission also determined that the agreement had been made in good faith and without coercion, and that it was suitable for the enterprise's specific circumstances. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the JKA Commercial Glazing Enterprise Agreement 2015, finding that it met the necessary criteria for approval under the Fair Work Act. The agreement was deemed to provide fair and reasonable terms and conditions of employment, and was suitable for the enterprise's specific circumstances. The Commission's approval of the agreement ensures that the employees of Jon Kendall & Associates Pty Ltd as trustee for the Kendall Family Trust T/A JKA Commercial Glazing will continue to be covered by the agreed-upon terms and conditions.

Jon Kendall & Associates Pty Ltd as trustee for the Kendall Family Trust T/A JKA Commercial Glazing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established