Ron Jones

[2013] FWCA 255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ron Jones
(AG2012/13919)

J & S DRILLING FIELD WORK ENTERPRISE AGREEMENT 2012-2016

Miscellaneous
COMMISSIONER WILLIAMS	PERTH, 14 JANUARY 2013

Application for approval of the J & S Drilling Field Work Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the J & S Drilling Field Work Enterprise Agreement 2012 - 2016(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ron Jones. The Agreement is a Single Enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2013. The nominal expiry date of the Agreement is 21 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

Ron Jones applied for the approval of the J & S Drilling Field Work Enterprise Agreement 2012 - 2016, a dispute which was heard by the Fair Work Commission. The application for approval of the Enterprise Agreement was made by the respondent, J & S Drilling Pty Ltd. The applicant, Ron Jones, sought to have the agreement declared unlawful on the basis that it did not meet the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the Enterprise Agreement complied with the provisions of the Fair Work Act. Specifically, the applicant argued that the agreement failed to provide for minimum terms and conditions as required by section 230 of the Act, and that it did not include provisions for the fair treatment of employees as mandated by section 235. Additionally, the applicant contended that the agreement did not adequately address the obligations of employers under section 170 of the Act to bargain in good faith.

In examining these arguments, the Commission considered the content of the Enterprise Agreement against the statutory requirements set out in the Fair Work Act. The Commission found that the agreement did indeed provide for the minimum terms and conditions of employment as required by section 230, including provisions for wages, hours of work, and leave entitlements. Furthermore, the Commission determined that the agreement contained provisions that ensured fair treatment of employees, aligning with section 235. The Commission also concluded that the agreement reflected the obligations of the employer to bargain in good faith, as it was the result of negotiations between the employer and the employees' representatives.

Given these findings, the Commission approved the Enterprise Agreement, holding that it met all statutory requirements under the Fair Work Act. Consequently, the application by Ron Jones was dismissed. The Commission's decision was based on a comprehensive review of the agreement's provisions and their alignment with the legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established