The Trustee for the Vaughan Family Trust T/A JAV Group Pty Ltd Summary

[2013] FWCA 8648

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Vaughan Family Trust T/A JAV Group Pty Ltd
(AG2013/9887)

JAV GROUP PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 1 NOVEMBER 2013

Application for approval of the JAV Group Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the JAV Group Pty Ltd Enterprise Agreement 2013 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the The Trustee for the Vaughan Family Trust T/A JAV Group Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that has been addressed by way of an undertaking, 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] As noted, pursuant to s.190(3), I have accepted an undertaking from The Trustee for the Vaughan Family Trust T/A JAV Group Pty Ltd. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2013. The nominal expiry date of the Agreement is 7 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves The Trustee for the Vaughan Family Trust, trading as JAV Group Pty Ltd, and pertains to an application for approval of the JAV Group Pty Ltd Enterprise Agreement 2013-2017. The application was brought before the Fair Work Commission, an independent statutory tribunal established under the Fair Work Act 2009. The applicant sought to have the enterprise agreement, which was entered into with certain employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), certified as meeting the requirements for approval under the Act.

The legal issues before the Commission were whether the enterprise agreement complied with the formal requirements of the Fair Work Act, including provisions related to employee representation and whether the agreement was made in good faith and without coercion. The Commission also had to consider whether the agreement provided for proper terms and conditions of employment, including minimum rates of pay, hours of work, and other entitlements, and whether it adhered to the relevant provisions of the National Employment Standards.

The Fair Work Commission found that the enterprise agreement was made in good faith and without coercion, and that it met the formal requirements for approval under the Act. The Commission concluded that the agreement was properly entered into by the parties, and that it provided for appropriate terms and conditions of employment. The Commission also determined that the agreement was consistent with the relevant provisions of the National Employment Standards, and that it did not contain any terms that were contrary to public policy. As a result, the Commission approved the enterprise agreement, subject to certain modifications to address minor technical issues.

In summary, the Fair Work Commission approved the JAV Group Pty Ltd Enterprise Agreement 2013-2017, subject to certain modifications. The Commission found that the agreement was made in good faith and without coercion, and that it met the formal requirements for approval under the Fair Work Act. The Commission also determined that the agreement provided for appropriate terms and conditions of employment, and that it did not contain any terms that were contrary to public policy.

The Trustee for the Vaughan Family Trust T/A JAV Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established