DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Just Maintenance Services Pty Ltd
(AG2021/4124)

JUST MAINTENANCE ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 29 MARCH 2021

Application for approval of the Just Maintenance Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Just Maintenance Enterprise Agreement 2021 (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 Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2021. The nominal expiry date of the Agreement is 29 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Just Maintenance Services Pty Ltd, the applicant sought approval of the Just Maintenance Enterprise Agreement 2021 under the Fair Work Act 2009. The applicant argued that the agreement met the necessary criteria for approval, including that it provided for fair and reasonable terms and conditions. The case was heard by the Fair Work Commission, presided over by Commissioner Smith.

The primary legal issue before the Commission was whether the agreement contained terms that were fair and reasonable and whether it complied with all relevant provisions of the Fair Work Act. Specifically, the Commission had to consider if the agreement provided for appropriate minimum wages, hours of work, and leave entitlements, as well as if it met the requirements for direct agreement bargaining.

The Commission examined the terms of the agreement and found that it provided for fair and reasonable terms and conditions. The agreement included provisions for minimum wages that aligned with the relevant award and allowed for flexible working arrangements. The Commission noted that the agreement also provided for adequate leave entitlements and included provisions for dispute resolution. The Commission concluded that the agreement met all the necessary criteria for approval and was in compliance with the Fair Work Act.

Accordingly, the Commission approved the Just Maintenance Enterprise Agreement 2021. The approval ensures that the terms and conditions of employment for the employees covered by the agreement are fair and reasonable, and it provides certainty and stability in the workplace. The decision reinforces the importance of bargaining directly between employers and employees to achieve fair outcomes.

Just Maintenance Services 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