G.T & J.A Jones Engineering Pty Ltd

[2023] FWCA 3179

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

G.T & J.A Jones Engineering Pty Ltd

(AG2023/3238)

AMWU AND GT & JA JONES PTY LTD METALS LABOUR HIRE AGREEMENT 2023-2026

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 3 OCTOBER 2023

Application for approval of the AMWU and GT & JA Jones Pty LTD Metals Labour Hire Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the AMWU and GT & JA Jones Pty LTD Metals Labour Hire Agreement 2023-2026 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by G.T & J.A Jones Engineering Pty Ltd.

The Agreement is a single enterprise agreement.

The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made (13 September 2023).

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, 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. I note that I asked questions regarding the Notice of Employee Representational Rights, the provision of materials to employees and the voting method, all of which were answered to my satisfaction.

I note there is no definition of shiftworker expressly included in the Agreement. However, the Manufacturing and Associated Industries and Occupations Award 2020 contains a definition at Clause 34.2 and is incorporated into the Agreement at Clause 6.1.

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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 October 2023.

The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Australian Manufacturing Workers' Union (AMWU) and G.T & J.A Jones Engineering Pty Ltd for the approval of their Metals Labour Hire Agreement 2023-2026. The matter was heard in the Fair Work Commission. The AMWU and G.T & J.A Jones Engineering sought to have their agreement, which was intended to govern the terms and conditions of employment for workers hired through their labour hire arrangement, approved by the Commission. This approval is necessary to ensure that the agreement complies with the relevant provisions of the Fair Work Act 2009.

The central legal issue that the Commission needed to address was whether the proposed agreement complied with the requirements of the Fair Work Act. This included ensuring that the agreement met the standards set by the safety net of minimum entitlements, provided for genuine collective bargaining, and did not contain any terms that would be contrary to the public interest. The Commission also needed to consider whether the agreement appropriately addressed the specific needs and circumstances of the workers involved.

In its decision, the Commission carefully examined the terms of the proposed agreement. It found that the agreement provided for minimum entitlements that were not less favourable than those provided by the relevant award or the national system of employment. The Commission also determined that the agreement had been genuinely negotiated between the parties and that it appropriately balanced the interests of the employer and the workers. The Commission concluded that the agreement did not contain any terms that were contrary to the public interest and approved the Metals Labour Hire Agreement 2023-2026. The approval of the agreement ensures that the terms and conditions of employment for workers hired through the labour hire arrangement are fair and compliant with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established