DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JTMEC Pty Ltd
(AG2015/5620)

JTMEC PTY LTD – CONSTRUCTION SERVICES ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 8 OCTOBER 2015

Application for approval of the JTMEC Pty Ltd - Construction Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the JTMEC Pty Ltd - Construction Services Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JTMEC Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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 referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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 was approved on 8 October 2015 and, in accordance with s.54, will operate from 15 October 2015. The nominal expiry date of the Agreement is 8 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved JTMEC Pty Ltd, an employer, and a union representing employees, seeking approval of a new enterprise agreement. The commission was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The legal issues centred on whether the agreement contained the necessary provisions for employee entitlements, such as wages, hours of work, and conditions of employment, and whether it complied with the good faith bargaining requirements. The commission had to consider whether the agreement was fairly negotiated and if it provided adequate protections for employees.

In assessing the agreement, the commission examined the evidence provided regarding the bargaining process and the terms of the agreement. The commission noted that the agreement provided for a structured wage progression and outlined specific conditions for various types of employment. It also included provisions for dispute resolution and mechanisms for variations to the agreement. The commission considered whether these provisions were fair and reasonable, and if they met the statutory requirements for enterprise agreements. The union and the employer presented arguments regarding the fairness of the agreement and the adequacy of the bargaining process.

After evaluating the evidence and submissions, the commission concluded that the agreement was fairly negotiated and met the legal criteria for approval. The commission found that the agreement provided for fair and reasonable terms and conditions of employment and included adequate protections for employees. The commission also determined that the agreement complied with the good faith bargaining requirements of the Fair Work Act. The commission approved the JTMEC Pty Ltd - Construction Services Enterprise Agreement 2015, subject to the terms and conditions outlined in the agreement. This decision ensures that the agreement will govern the employment conditions of the employees covered by the agreement from the effective date specified within the agreement.

JTMEC 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