Wrightville Services Pty Ltd T/A Jarvis Services

[2025] FWCA 685

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Wrightville Services Pty Ltd T/A Jarvis Services

(AG2025/282)

JARVIS ENTERPRISE BARGAINING AGREEMENT 2024

Vehicle industry
COMMISSIONER PERICA	MELBOURNE, 21 FEBRUARY 2025

Application for approval of the Jarvis Enterprise Bargaining Agreement 2024

An application has been made for approval of an enterprise agreement known as the Jarvis Enterprise Bargaining Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 21 February 2025. It will operate from 28 February 2025 as required by section 54 of the Act. The nominal expiry date is 28 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Wrightville Services Pty Ltd trading as Jarvis Services, sought approval of the Jarvis Enterprise Bargaining Agreement 2024 from the Fair Work Commission (FWC). The applicants, who provide cleaning, maintenance, and security services, argued that the proposed agreement was fair and reasonable, meeting the requirements under the Fair Work Act 2009. The applicants submitted that the proposed agreement provided for appropriate wages and conditions for employees in their industry, including minimum pay rates, penalty rates for certain hours, leave provisions, and other employment terms.

The legal issues before the FWC included whether the proposed agreement was procedurally and substantively compliant with the Fair Work Act. Procedurally, the applicants had to demonstrate that proper consultation and negotiation processes were followed in the development of the agreement. Substantively, the FWC had to assess if the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the nature of the industry and the broader economic context.

The FWC found that the applicants had demonstrated proper consultation and negotiation processes in the development of the agreement. The FWC noted that the applicants had engaged with employee representatives and provided detailed information on the proposed terms. The FWC further considered that the proposed agreement provided for fair and reasonable terms and conditions for the employees. The FWC took into account the nature of the industry, the economic context, and the need to balance the interests of both employers and employees. The FWC was satisfied that the proposed agreement met the requirements under the Fair Work Act.

The FWC approved the Jarvis Enterprise Bargaining Agreement 2024. The applicants were directed to take all necessary steps to give effect to the approved agreement and to provide a copy to the FWC within 14 days. The applicants were also directed to take all necessary steps to ensure that the agreement was brought to the attention of all employees covered by the agreement. The applicants were further directed to take all necessary steps to ensure that the agreement was complied with by all parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established