JTMEC Projects Pty Ltd Summary

[2024] FWCA 2129

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JTMEC Projects Pty Ltd

(AG2024/1860)

JTMEC PROJECTS PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2024-2025

Electrical contracting industry
DEPUTY PRESIDENT GRAYSON	SYDNEY, 11 JUNE 2024

Application for approval of the JTMEC Projects Pty Ltd & ETU NSW/ACT Construction Union Agreement 2024-2025

JTMEC Projects Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the JTMEC Projects Pty Ltd & ETU NSW/ACT Construction Union Agreement 2024-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act).

The Agreement is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

On the basis of the materials before the Commission, 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.

In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the ETU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2024. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, JTMEC Projects Pty Ltd, an applicant, sought approval of an enterprise agreement proposed with the ETU NSW/ACT Construction Union. The dispute centred on the terms and conditions of employment outlined in the proposed agreement for the period 2024-2025. The Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the proposed agreement complied with the provisions of the Fair Work Act, including the requirement for good faith bargaining, the need to provide for minimum entitlements, and whether the agreement was in the best interests of the employees. Additionally, the Commission needed to consider the extent to which the proposed terms and conditions were fair and reasonable in the context of the industry and the broader labour market.

The Commission examined the evidence provided by both parties, focusing on the bargaining process, the content of the proposed agreement, and the impact on the employees. It found that the agreement had been reached through genuine good faith bargaining and that it provided for all minimum entitlements required by the Fair Work Act. The Commission also considered the industry context, finding that the proposed terms and conditions were reasonable and in the best interests of the employees. Based on these findings, the Commission approved the proposed agreement.

Accordingly, the Fair Work Commission granted approval for the JTMEC Projects Pty Ltd & ETU NSW/ACT Construction Union Agreement 2024-2025, effective from the date of the decision.

JTMEC Projects Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established