DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Miller Family Trust & Prebble Family Trust T/A JH Contracting Services
(AG2017/503)

JHCS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 JUNE 2017

Application for approval of the JHCS Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the JHCS Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JH Contracting Services. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2017. The nominal expiry date of the Agreement is 8 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Miller Family Trust and Prebble Family Trust, trading as JH Contracting Services, brought an application for the approval of the JHCS Enterprise Agreement 2016 before the Fair Work Commission. The application arose from negotiations between the parties over the terms and conditions of employment for workers within JH Contracting Services. The applicants sought to have the proposed agreement recognised as a registered enterprise agreement under the Fair Work Act 2009, while the respondents raised objections to certain provisions within the agreement.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. This included determining whether the agreement had been made in good faith and whether it provided for the mandatory terms as required by the Act. Additionally, the Commission needed to assess if the agreement included any provisions that were contrary to public policy or that failed to address certain obligations owed to employees.

The Fair Work Commission found that the proposed agreement had been made in good faith and contained all the mandatory terms stipulated by the Act. The Commission also determined that the agreement did not include any provisions that were contrary to public policy or failed to address the obligations owed to employees. Consequently, the Commission approved the JHCS Enterprise Agreement 2016, thereby allowing it to be registered and enforced as a binding agreement between the parties.

The Fair Work Commission approved the JHCS Enterprise Agreement 2016, recognising it as a registered enterprise agreement under the Fair Work Act 2009. The agreement is now binding and enforceable between the Miller Family Trust, Prebble Family Trust, and their employees, governing the terms and conditions of employment for the workers within JH Contracting Services.

Miller Family Trust & Prebble Family Trust T/A JH Contracting Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established