DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jugiter Pty Ltd T/A Torque Recruitment Group
(AG2019/4490)

JUGITER PTY LTD QLD AND NSW BUILDING & CONSTRUCTION ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 4 FEBRUARY 2020

Application for approval of the Jugiter Pty Ltd QLD and NSW Building & Construction Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Jugiter Pty Ltd QLD and NSW Building & Construction Enterprise Agreement 2019-2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jugiter Pty Ltd T/A Torque Recruitment Group (the Applicant).

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] Clause 5.1 of the Agreement states the Agreement will operate from the day that is the start of the first pay period on or after approval. This is inconsistent with s.54 of the Act which states that an enterprise agreement approved by the Commission operates from 7 days after the agreement is approved, or if a later day is specified in the agreement, that later day. Accordingly, the Agreement will operate from 7 days from the date of this decision.

[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix 1

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Jugiter Pty Ltd, trading as Torque Recruitment Group, which applied for the approval of the Jugiter Pty Ltd Queensland and New South Wales Building & Construction Enterprise Agreement 2019-2023. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. This case was brought about due to the need for the enterprise agreement to be formally approved to ensure that it complies with the statutory requirements and to guarantee the rights and obligations of the parties involved.

The primary legal issues the court had to address were whether the agreement met the necessary criteria for registration under the Fair Work Act 2009, including if it was made in good faith, contained appropriate minimum terms, and adhered to the procedural requirements set forth in the legislation. The court also needed to consider whether the agreement complied with the "better off overall test" and if the negotiation process was conducted fairly.

In reaching its decision, the Fair Work Commission examined the negotiation process and the contents of the agreement. The court found that the agreement was made in good faith and met the statutory requirements for registration. It determined that the agreement contained appropriate minimum terms, including those relating to wages, hours of work, and other conditions of employment. The Commission also concluded that the agreement passed the "better off overall test" as it was likely to provide a net benefit to the majority of employees covered by the agreement. Consequently, the Fair Work Commission approved the Jugiter Pty Ltd Queensland and New South Wales Building & Construction Enterprise Agreement 2019-2023 for registration under the Fair Work Act 2009.

Jugiter Pty Ltd T/A Torque Recruitment Group

DECISION

Appendix 1

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established