Jugiter Pty Ltd t/a Torque Recruitment Group

[2019] FWCA 7342

[2019] FWCA 7342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jugiter Pty Ltd t/a Torque Recruitment Group
(AG2019/2999)

JUGITER PTY LTD WA BUILDING & CONSTRUCTION ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 25 OCTOBER 2019

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

[1] Torque Recruitment Group have applied for approval of a single enterprise agreement known as the Jugiter Pty Ltd WA Building & Construction Enterprise Agreement 2019-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval requirements were met and the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct errors in the original application, by filing an amended application, amended statutory declaration and amended Agreement signature page. In the circumstances, I am satisfied that these corrections should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Applicant’s statutory declaration identified 33 employees covered by the Agreement at the time of the vote who were all employed as casual. The Applicant provided further evidence to satisfy the Commission that all (and only those) employees who were employed at the time and covered by the Agreement were requested to vote in accordance with ss.186(2), 188(1)(a), 181(1) and 182(1) of the Act.

[5] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] As there were no bargaining representatives appointed to represent the employees to be covered by the Agreement the Commission took steps to ensure, and has received evidence that, the employees were informed of: the application; the Commission’s concerns; the Applicant’s responses to those concerns; and were invited to express their views (including about the Undertakings) and participate in the proceedings.

[7] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertakings, 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.

[8] The Agreement was approved on 25 October 2019 and, in accordance with s.54, will operate from 1 November 2019. The nominal expiry date of the Agreement is 25 October 2023.

[9] For the purposes of publication, the signature pages of the Agreement have been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.