DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JSIS Engineering Pty Ltd T/A JSIS Engineering
(AG2018/5421)

JSIS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 6 MAY 2019

Application for approval of the JSIS Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the JSIS Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by JSIS Engineering Pty Ltd T/A JSIS Engineering. 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.

[3] Subject to the undertakings, 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 13 May 2019. The nominal expiry date of the Agreement is 3 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, JSIS Engineering Pty Ltd trading as JSIS Engineering, applied for the approval of the JSIS Enterprise Agreement 2018. The application was made under section 180 of the Fair Work Act 2009. The applicant sought to have the agreement registered by the Fair Work Commission, which would then be certified by the Fair Work Ombudsman. The applicant argued that the agreement provided for fair and equitable terms and conditions of employment for the employees covered by the agreement.

The legal issues before the court involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement provided for fair and equitable terms and conditions of employment, whether the agreement had been made in good faith, and whether the agreement had been properly negotiated. The court also had to consider whether the agreement complied with the relevant provisions of the Act, including the provision for minimum rates of pay, leave entitlements, and other conditions of employment.

The court found that the agreement met the statutory requirements for approval under the Fair Work Act 2009. The court was satisfied that the agreement provided for fair and equitable terms and conditions of employment for the employees covered by the agreement. The court also found that the agreement had been made in good faith and had been properly negotiated. The court considered that the agreement complied with the relevant provisions of the Act, including the provision for minimum rates of pay, leave entitlements, and other conditions of employment. The court approved the agreement and ordered that it be registered by the Fair Work Commission and certified by the Fair Work Ombudsman.

JSIS Engineering Pty Ltd T/A JSIS Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established