DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wrightville Services Pty Ltd T/A Jarvis Services
(AG2020/3956)

JARVIS ENTERPRISE BARGAINING AGREEMENT 2020

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 27 JANUARY 2021

Application for approval of the Jarvis Enterprise Bargaining Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Jarvis Enterprise Bargaining Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wrightville Services Pty Ltd T/A Jarvis Services. 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[3] The Notice of Representational Rights (NERR) given to the employees by the employer was in an outdated form. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2021. The nominal expiry date of the Agreement is 3 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wrightville Services Pty Ltd, trading as Jarvis Services, sought approval for the Jarvis Enterprise Bargaining Agreement 2020 from the Fair Work Commission. The agreement was submitted for registration under section 233 of the Fair Work Act 2009, and the application was contested by a number of employees who raised concerns about certain provisions. The key issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act and if the agreement was in the best interests of the employees.

The Commission examined various provisions of the agreement, focusing on whether they met the requirements of the Fair Work Act. The contested provisions primarily related to shift arrangements, penalty rates, and the definition of shift work. The Commission found that while the agreement generally complied with the Fair Work Act, some provisions needed to be modified to ensure they met the statutory requirements. The Commission also considered the impact of the agreement on the employees and whether it was likely to be accepted by a majority of the bargaining unit. After reviewing the submissions from both parties, the Commission concluded that the agreement, with certain modifications, was in the best interests of the employees and should be approved.

In light of the above, the Fair Work Commission approved the Jarvis Enterprise Bargaining Agreement 2020, subject to modifications. The changes included clarifications to the shift arrangements and the definition of shift work to ensure compliance with the Fair Work Act. The Commission also noted that the modified agreement was likely to be accepted by a majority of the bargaining unit, which was a significant factor in its decision. The final orders included the registration of the modified agreement and directions for the parties to implement the changes within a specified timeframe.

Wrightville Services Pty Ltd T/A Jarvis Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established