DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JSL Electrics Pty Ltd
(AG2016/5610)

JSL ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the JSL Electrics Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the JSL Electrics Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JSL Electrics Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are 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 4 October 2016. The nominal expiry date of the Agreement is 3 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of JSL Electrics Pty Ltd, the applicant, brought an application for the approval of the JSL Electrics Pty Ltd Enterprise Agreement 2016 - 2020, which was opposed by the Australian Manufacturing Workers' Union. The dispute centred on the terms and conditions of employment for employees of the company. The case was heard in the Fair Work Commission, an independent statutory tribunal responsible for resolving workplace disputes and making orders to ensure fairness at work.

The primary legal issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act 2009. This involved determining if the agreement was made in good faith and whether it contained the necessary minimum terms and conditions, as well as if it was free from any unlawful content. The court also had to consider whether the agreement was procedurally sound, ensuring that it had been properly negotiated and that the parties had followed the necessary procedures.

The Fair Work Commission found that the enterprise agreement was made in good faith and contained the minimum terms and conditions as required by the Act. The court held that the agreement was procedurally sound, with evidence of proper negotiation between the parties and compliance with the necessary procedures. Additionally, the agreement was deemed to be free from any unlawful content. Consequently, the court approved the enterprise agreement, affirming that it met the legal requirements set out in the Fair Work Act 2009.

As a result of the court's decision, the Fair Work Commission approved the JSL Electrics Pty Ltd Enterprise Agreement 2016 - 2020, and it was registered with the Commission. The agreement is now legally binding on the parties involved and will govern the terms and conditions of employment for the employees of JSL Electrics Pty Ltd for the duration of the agreement.

JSL Electrics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established