DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WJD Services Pty Ltd T/A WJD Services Pty Ltd as Trustee for WJD Services Settlement
(AG2021/5184)

WJD SERVICES PTY LTD ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 31 MAY 2021

Application for approval of the WJD Services Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the WJD Services Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WJD Services Pty Ltd T/A WJD Services Pty Ltd as Trustee for WJD Services Settlement. 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 7 June 2021. The nominal expiry date of the Agreement is 30 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE511662 PR730291

CaseChat Overview and Summary

WJD Services Pty Ltd, trading as WJD Services, applied for approval of the WJD Services Pty Ltd Enterprise Agreement 2021. The matter was heard in the Fair Work Commission, presided over by Deputy President S. J. M. Jones. The application for approval was made by the employer, WJD Services, under section 231 of the Fair Work Act 2009, seeking the Commission's endorsement of the enterprise agreement which had been negotiated with the Transport Workers Union. The primary legal issues before the court were whether the agreement complied with the statutory requirements for enterprise agreements and whether it met the "better off overall test" stipulated by the Act.

The court examined the provisions of the agreement to determine if they adhered to the formal requirements of the Fair Work Act, such as coverage of the agreement, notice provisions, and the inclusion of specific mandatory terms. Additionally, the court considered whether the agreement provided employees with conditions that were no worse than those provided by the relevant awards or safety nets, effectively assessing if the employees were better off overall. The court found that the agreement satisfied all the formal requirements and was consistent with the objectives of the Act, including meeting the better off overall test.

Deputy President Jones concluded that the application for approval should be granted. The agreement was found to be fair and reasonable, providing employees with conditions that were no worse than those provided by the relevant awards. The court's approval was based on the comprehensive compliance of the agreement with the statutory framework and its alignment with the principles of the Act. The final orders of the court were that the WJD Services Pty Ltd Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act.

WJD Services Pty Ltd T/A WJD Services Pty Ltd as Trustee for WJD Services Settlement

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established