DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SJD Project Management Pty Ltd
(AG2021/4902)

SJD PROJECT MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 12 MAY 2021

Application for approval of the SJD Project Management Pty Ltd Enterprise Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement known as the SJD Project Management Pty Ltd Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SJD Project Management Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 19 May 2021. The nominal expiry date of the Agreement is 11 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by SJD Project Management Pty Ltd for the approval of an enterprise agreement with its employees. The agreement covered a period from 2021 to 2025 and was submitted for consideration under the Fair Work Act 2009. The application was brought by the company, while the Australian Building Construction Employees and Builders Labourers Federation represented the employees.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. This included determining whether the agreement provided for fair and reasonable terms and conditions of employment, whether it was free from any form of prohibited content, and whether it complied with the procedural requirements for its registration. The Commission also had to consider the views and submissions of both parties during the hearing.

In delivering its decision, the Commission found that the agreement was fair and reasonable in all its terms. It considered the nature of the industry, the bargaining positions of the parties, and the need for flexibility in the agreement to accommodate the unique demands of the construction industry. The Commission noted that the agreement included provisions for various employment conditions, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission determined that the agreement did not contain any prohibited content and was in compliance with all relevant legislative requirements. The application was thus approved, and the enterprise agreement was registered.

As a result of the Commission's decision, the SJD Project Management Pty Ltd Enterprise Agreement 2021-2025 was approved and registered. The terms and conditions outlined in the agreement would now govern the employment relationship between the company and its employees for the specified period. Both parties were bound by the provisions of the agreement, and any disputes arising from its interpretation or application would be subject to the dispute resolution mechanisms outlined within the agreement.

SJD Project Management 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