Just Maintenance Services Pty Ltd

[2025] FWCA 1215

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Just Maintenance Services Pty Ltd

(AG2025/905)

JUST MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2025

Building services
COMMISSIONER SIMPSON	BRISBANE, 11 APRIL 2025

Application for approval of the Just Maintenance Services Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Just Maintenance Services Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Just Maintenance Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In this case, the Fair Work Commission was presented with an application from Just Maintenance Services Pty Ltd for the approval of the Just Maintenance Services Enterprise Agreement 2025. The application was made by the employer, seeking to have the proposed agreement recognised and enforced under the Fair Work Act 2009. The agreement, which was to apply to its employees, aimed to establish terms and conditions of employment over a four-year period. The Commission's task was to determine whether the proposed agreement met the criteria for approval as stipulated by the Act.

The primary legal issues before the Commission were whether the agreement was genuinely a product of bargaining between the employer and the employees, whether it complied with the good faith bargaining requirements, and whether it satisfied the procedural and substantive provisions of the Fair Work Act. The Commission also needed to consider whether the agreement was in the best interests of the employees and whether it complied with the relevant minimum standards of the National Employment Standards and other applicable awards.

The Commission reviewed the evidence and submissions from both parties and found that the agreement was indeed the product of genuine and genuine bargaining. The employer had provided evidence of its efforts to engage with the employees and their representatives in the negotiation process. The Commission was satisfied that the agreement met the procedural and substantive requirements of the Fair Work Act, including compliance with the good faith bargaining obligations. It was also determined that the agreement was in the best interests of the employees and did not fall below the minimum standards set by the NES and relevant awards. Consequently, the Commission approved the application and recognised the Just Maintenance Services Enterprise Agreement 2025 as a registered agreement under the Fair Work Act.

The Commission's final order was to approve the application for the registration of the Just Maintenance Services Enterprise Agreement 2025. The agreement was to be registered and enforceable from the date of the decision, providing the parties with a clear and legally binding framework for their employment relationship. The decision also confirmed that the agreement would remain in force until it was either terminated, replaced, or until it expired on the specified date.

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Legal Principle Established