G.T and J.A Jones Engineering T/A G.T and J.A Jones Engineering Summary

[2024] FWCA 1580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

G.T and J.A Jones Engineering T/A G.T and J.A Jones Engineering

(AG2024/1277)

AMWU AND THE GT AND JA JONES ENGINEERING OCEANIA GLASS DANDENONG COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2023 - 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 30 APRIL 2024

Application for approval of the AMWU and the GT and JA Jones Engineering Oceania Glass Dandenong Collective Bargaining Workshop Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the AMWU and the GT and JA Jones Engineering Oceania Glass Dandenong Collective Bargaining Workshop Agreement 2023 - 2026 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by G.T and J.A Jones Engineering (Employer). The Agreement is a single enterprise agreement.

The approval application was not lodged within 14 days of the Agreement being made, contrary to s 185(3)(b) of the Act. However, having regard to the submissions of Employer, which are supported by the Australian Manufacturing Workers Union (AMWU), I am satisfied that it is fair in all the circumstances to extend the lodgement period to the date the application was made on 17 April 2024, noting that the composition of the eight employees covered by the Agreement has not changed since the Agreement was made.

The AMWU being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 7 May 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Australian Manufacturing Workers' Union (AMWU) and G.T and J.A Jones Engineering Oceania Glass Dandenong, the applicants sought approval of the collective bargaining workshop agreement for the period 2023 to 2026. The application was heard in the Fair Work Commission, with Deputy President Kelly presiding. The nature of the dispute centred on whether the proposed agreement adequately met the requirements set forth in the Fair Work Act 2009, particularly regarding the process of its negotiation and its alignment with the principles of good faith bargaining and fair terms and conditions of employment.

The primary legal issues before the court were whether the agreement was genuinely negotiated and whether it contained fair terms and conditions of employment. The AMWU argued that the agreement was the result of genuine negotiations and contained fair terms and conditions. G.T and J.A Jones Engineering, however, contended that certain provisions of the agreement were not fairly negotiated and failed to meet the standards of fairness under the Act.

The Deputy President, after examining the evidence and submissions from both parties, found that the agreement had indeed been negotiated in good faith and contained terms and conditions that were fair. The court was satisfied that the process of negotiation had been thorough and that all parties had been given an opportunity to participate. Furthermore, the Deputy President noted that the agreement's terms and conditions were in line with industry standards and provided for a reasonable balance of interests between the employees and the employer. As a result, the application for approval was granted.

G.T and J.A Jones Engineering T/A G.T and J.A Jones Engineering

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established