JSIS Engineering Pty Ltd Summary

[2014] FWCA 3309

FAIR WORK COMMISSION

DECISION

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

JSIS Engineering Pty Ltd
(AG2014/995)

JSIS ENGINEERING ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 19 MAY 2014

Application for approval of the JSIS Engineering Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the JSIS Engineering Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 26 May 2014. The nominal expiry date of the Agreement is26 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

JSIS Engineering Pty Ltd was the applicant before the Fair Work Commission, seeking approval of the JSIS Engineering Enterprise Agreement 2014. The dispute involved the application for approval of the enterprise agreement, which was to cover employees of JSIS Engineering Pty Ltd. The matter was heard by the Fair Work Commission, which has jurisdiction over matters related to industrial relations and enterprise agreements.

The primary legal issues before the Commission were whether the agreement was properly made, if it complied with the requirements of the Fair Work Act 2009, and if it met the "better off overall test". The applicant argued that the agreement was fairly negotiated and provided benefits to the employees, while no objections were formally raised by any party during the hearing.

The Commission found that the agreement was made in good faith and followed the necessary procedures. It concluded that the agreement complied with the provisions of the Fair Work Act and met the better off overall test. The Commission approved the enterprise agreement, considering it to be fair and reasonable for the employees of JSIS Engineering Pty Ltd.

The Fair Work Commission approved the JSIS Engineering Enterprise Agreement 2014, finding it to be a fair and reasonable agreement for the employees. The Commission's decision was based on the evidence provided and the absence of any formal objections from the parties involved. The approved agreement now serves as the governing industrial instrument for the employees of JSIS Engineering Pty Ltd.

JSIS Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established