SJP Air Pty Ltd

Case [2015] FWCA 717


[2015] FWCA 717
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

SJP Air Pty Ltd
(AG2014/10695)

SJP AIR ENTERPRISE AGREEMENT 2014-2018

Plumbing industry

COMMISSIONER BLAIR

MELBOURNE, 29 JANUARY 2015

Application for approval of the SJP Air Enterprise Agreement 2014-2018.

[1] An application has been made for approval of a single-enterprise agreement known as the SJP Air Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SJP Air Pty Ltd.

[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 5 February 2015. The nominal expiry date of the Agreement is 5 November 2018.

Printed by authority of the Commonwealth Government Printer

<Price code G, AE412425  PR560542>

Details
AGLC
SJP Air Pty Ltd [2015] FWCA 717
Case
[2015] FWCA 717
Decision Date

CaseChat Overview and Summary

SJP Air Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, which it had negotiated with a union representing its employees. The application was opposed by the Australian Council of Trade Unions, which claimed that the proposed agreement did not adequately protect employee entitlements and would result in a significant reduction in wages and conditions. The Fair Work Commission was required to consider whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Commission considered whether the agreement met the formal requirements for an enterprise agreement, including whether it had been negotiated in good faith and whether it provided for a proper process for resolving disputes. The Commission also considered whether the agreement provided for adequate wages and conditions for employees, including whether it provided for a reasonable safety net and whether it would result in a significant reduction in wages and conditions. The Commission found that the agreement met the formal requirements for an enterprise agreement and that it provided for adequate wages and conditions for employees.

The Commission approved the proposed agreement, finding that it met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The Commission noted that the agreement provided for a reasonable safety net and that it did not result in a significant reduction in wages and conditions. The Commission also noted that the agreement provided for a proper process for resolving disputes and that it had been negotiated in good faith. The Commission found that the agreement was in the best interests of the employees and approved it accordingly.

The Commission approved the proposed enterprise agreement and ordered that it be registered with the Fair Work Commission. The Commission also ordered that the agreement be published on the Fair Work Commission's website and that a copy be provided to each party to the agreement. The Commission noted that the agreement would be in effect from the date of registration and that any disputes arising under the agreement would be resolved in accordance with its provisions.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.