Application by Job Watch Inc. Trading AS Jobwatch
Citation: [2026] FWCA 2159
At a glance
- Employees affected
- 12
What happened
Job Watch Inc, trading as Jobwatch, applied to vary its enterprise agreement, the JobWatch Inc Enterprise Agreement 2024. The company initially approved this agreement in November 2024. The variation sought to amend how ‘week’s pay’ is calculated for employees. At the time of the vote on the proposed variation, 12 employees were covered by the agreement and 10 voted to approve it. The variation affects employees in the social, community, home care and disability services sector.
What was decided
The Fair Work Commission approved Job Watch Inc’s application to vary its enterprise agreement. Deputy President Saunders found that the amended agreement passed the ‘better off overall test’ (BOOT) because it was more beneficial than the Social, Community, Home Care and Disability Services Industry Award 2010. The Commission also confirmed that Job Watch took reasonable steps to explain the variation to employees. The variation will take effect from August 11, 2026.
What it means for employers
Employers seeking to vary enterprise agreements must ensure they comply with all requirements of the Fair Work Act, including explaining terms and effects to employees and demonstrating that the variation passes the BOOT. A global assessment is required when applying the BOOT, considering both benefits and disadvantages for relevant employees.
What it means for employees
Employees should understand their rights regarding enterprise agreement variations and ensure they receive clear explanations of any proposed changes before voting. The Commission considers employee views on whether an agreement passes the BOOT.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →