DECISION

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

Werx Engineering Pty Ltd T/A SJC Engineering
(AG2015/1202)

SJC ENGINEERING EVENT CINEMAS PACIFIC FAIR ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 MAY 2015

Application for approval of the SJC Engineering Event Cinemas Pacific Fair Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 21 May 2015 by Werx Engineering Pty Ltd T/A SJC Engineering for the approval of a single-enterprise agreement known as the SJC Engineering Event Cinemas Pacific Fair Enterprise Agreement 2015(“the 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 will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Werx Engineering Pty Ltd trading as SJC Engineering, sought approval of the SJC Engineering Event Cinemas Pacific Fair Enterprise Agreement 2015 from the Fair Work Commission. The dispute centred around the agreement's provisions concerning wage rates, working conditions, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, including compliance with the "better off overall test" (BOOT).

The applicants argued that the agreement provided significant benefits to employees, including improved wage rates, enhanced job security, and better working conditions. They contended that the agreement was made in good faith and that it would be better off overall for the employees. The Commission considered the evidence presented by both parties, including expert testimony on the economic and operational impacts of the proposed agreement. The Commission also evaluated whether the agreement complied with relevant industrial instruments and the Fair Work Act's objectives.

The Fair Work Commission approved the agreement, finding that it met the BOOT and other statutory requirements. The Commission noted the improvements in wages, working conditions, and dispute resolution mechanisms, and concluded that the agreement was made in good faith and was in the best interests of the employees. The Commission's decision was based on a comprehensive analysis of the evidence and a consideration of the broader objectives of the Fair Work Act.

No additional final orders were made beyond the approval of the enterprise agreement.

Werx Engineering Pty Ltd T/A SJC Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established