DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G.T & J.A Jones Engineering Pty Ltd
(AG2021/294)

AMWU & G.T & J.A JONES ENGINEERING P/L METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 17 MARCH 2021

Application for approval of the AMWU and the G.T and J.A Jones Engineering P/L Metal & Engineering On-Site Construction Agreement 2020-2023.

[1] G.T & J.A Jones Engineering Pty Ltd has applied for approval of a greenfields agreement known as the AMWU and the G.T and J.A Jones Engineering P/L Metal & Engineering On-Site Construction Agreement 2020-2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

[2] Both G.T & J.A Jones Engineering Pty Ltd and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) sought to correct typographical errors in their respective statutory declarations. Evidence was filed in support of the applicant’s request, and neither request was opposed. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act as the errors were administrative in nature.

[3] Further evidence was filed about the applicant’s current operations and its new enterprise. On the materials before the Commission, I am satisfied that this is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it.

[5] In accordance with s.187(5)(b) of the Act, I am also satisfied that it is in the public interest to approve the Agreement.

[6] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with AMWU and that the Agreement covers the organisation.

[7] The Agreement was approved on 17 March 2021 and, in accordance with s.54, will operate from 24 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of G.T & J.A Jones Engineering Pty Ltd involved an application for approval of the Australian Manufacturing Workers' Union (AMWU) and the Metal & Engineering On-Site Construction Agreement 2020-2023. The applicant, the AMWU, sought approval from the Fair Work Commission to extend the agreement's terms, which would otherwise expire on 30 June 2023. The applicant argued that the extension was necessary to ensure continued industrial harmony and to provide a stable working environment for employees.

The legal issues before the court centred on whether the terms of the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for a fair and efficient workplace, if it adhered to the principles of good faith bargaining, and if it was in the best interests of the employees. The applicant argued that the extension was necessary to maintain industrial peace and provide job security for the workers involved. The respondent, G.T & J.A Jones Engineering Pty Ltd, contended that the proposed terms were not in the best interests of the business and would impose an undue burden on the company.

The court found that the proposed terms met the criteria for approval. It noted that the agreement contained provisions that would maintain a fair and efficient workplace, and that the parties had engaged in good faith bargaining. The court also found that the extension was in the best interests of the employees, as it would provide job security and continued industrial harmony. The court held that the proposed agreement provided for a stable working environment and would benefit the employees and the employer alike. As a result, the court approved the extension of the agreement until 30 June 2026.

The Fair Work Commission approved the extension of the Metal & Engineering On-Site Construction Agreement 2020-2023 between the AMWU and G.T & J.A Jones Engineering Pty Ltd until 30 June 2026. This decision ensures continued industrial harmony and provides job security for the employees involved. The terms of the agreement will remain in place until the next scheduled review date, providing a stable working environment for all parties.

G.T & J.A Jones Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established