Just Jointers Pty Ltd

[2014] FWCA 7993

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Just Jointers Pty Ltd
(AG2014/8044)

JUST JOINTERS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 11 NOVEMBER 2014

Application for approval of the Just Jointers Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Just Jointers Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Just Jointers Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] 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.

[4] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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.

[5] The Agreement was approved on 10 November 2014 and, in accordance with s.54, will operate from 17 November 2014. The nominal expiry date of the Agreement is 17 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers’ Union sought approval of a greenfields agreement negotiated with Just Jointers Pty Ltd. The dispute involved the terms and conditions for employees who would be engaged under the agreement, including wages, hours of work, and other employment conditions. The Commission was required to determine whether the agreement was in the interests of the employees and met the legal requirements for approval under the Fair Work Act 2009.

The key legal issue was whether the agreement provided for fair and reasonable terms and conditions of employment. The applicant argued that the agreement was in the best interests of the employees, provided fair terms, and complied with the relevant provisions of the Act. The respondent raised concerns about the terms of the agreement, particularly the wages and conditions offered to employees. The Commission needed to consider these submissions and assess whether the agreement met the statutory criteria for approval.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment. It considered the evidence presented by both parties and found that the agreement provided for adequate wages and conditions that were in the best interests of the employees. The Commission was satisfied that the agreement met the legal requirements for approval under the Act and approved the Just Jointers Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The decision was made in the interests of promoting conciliation, arbitration, and the avoidance of industrial disputes.

The Commission approved the agreement, subject to certain modifications to address the respondent's concerns. These modifications included changes to the wages and conditions offered to employees. The Commission's decision provides guidance for future negotiations between employers and employees in the construction industry and sets out the considerations that the Commission will take into account when approving greenfields agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established