JTMEC Projects Pty Ltd

[2021] FWCA 6458

FAIR WORK COMMISSION

DECISION

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

JTMEC Projects Pty Ltd
(AG2021/7860)

JTMEC PROJECTS PTY LTD ENTERPRISE AGREEMENT

Electrical contracting industry
COMMISSIONER SPENCER	BRISBANE, 2 NOVEMBER 2021

Application for approval of the JTMEC Projects Pty Ltd Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the JTMEC Projects Pty Ltd Enterprise Agreement 2021. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JTMEC Projects Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings. 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2021. The nominal expiry date of the Agreement is 2 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by JTMEC Projects Pty Ltd for the approval of an Enterprise Agreement 2021. The dispute arose under the Fair Work Act 2009, with the application being heard in the Fair Work Commission. The nature of the dispute was whether the proposed agreement met the legal requirements for approval under the Act and whether it was in the best interests of the employees covered by the agreement.

The central legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, and whether it provided for fair and reasonable terms and conditions for the employees. Specifically, the Commission had to determine if the agreement complied with the procedural fairness requirements, and if it contained minimum terms and conditions that were no less favourable than the applicable award or safety net award.

The Commission found that the agreement had been made in accordance with the procedural requirements of the Fair Work Act, with proper consultation and negotiation processes undertaken. It was also determined that the agreement provided for fair and reasonable terms and conditions for the employees, as it contained minimum terms and conditions that were no less favourable than the applicable award or safety net award. The Commission was satisfied that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions, while also promoting productivity and workplace harmony.

Accordingly, the Fair Work Commission approved the JTMEC Projects Pty Ltd Enterprise Agreement 2021, with the approval taking effect from the date of the decision. The parties were directed to comply with the terms of the approved agreement, and to ensure that it was implemented in accordance with the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established