DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wrightville Services Pty Ltd T/A Jarvis Services
(AG2015/7524)

JARVIS ENTERPRISE BARGAINING AGREEMENT 2015

Vehicle industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 DECEMBER 2015

Application for approval of the Jarvis Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Jarvis Enterprise Bargaining Agreement 2015 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 11 December 2015 and, in accordance with s.54, will operate from 18 December 2015. The nominal expiry date of the Agreement is 11 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Wrightville Services Pty Ltd, trading as Jarvis Services, to obtain approval for the Jarvis Enterprise Bargaining Agreement 2015. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009. The nature of the dispute centred on the terms and conditions outlined in the proposed agreement and whether they met the legal standards and requirements set out in the legislation.

The legal issues that the court had to decide were primarily concerned with whether the proposed agreement contained all the mandatory terms required by the Fair Work Act and whether it met the criteria for being a simple, low-risk agreement. Additionally, the court had to assess if the agreement provided for the proper representation of employees and if it ensured fair and reasonable terms for all parties involved.

The court examined the proposed agreement clause by clause, ensuring that it included the necessary minimum entitlements and protections for employees. It found that the agreement did indeed encompass all the mandatory terms as stipulated by the legislation. Moreover, the court concluded that the agreement qualified as a simple, low-risk agreement due to its straightforward nature and the absence of any contentious or complex provisions. The court also determined that the agreement provided for adequate representation of employees and that it contained fair and reasonable terms. Based on these findings, the court approved the Jarvis Enterprise Bargaining Agreement 2015.

The final orders of the court included the approval of the Jarvis Enterprise Bargaining Agreement 2015, with the agreement to be registered with the Fair Work Commission. The applicant was directed to provide a copy of the approved agreement to the Fair Work Ombudsman and to take all necessary steps to ensure compliance with the terms of the agreement. The court also ordered that the agreement would come into effect on a specified date, allowing for a smooth transition to the new terms and conditions.

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