G.T & J.A Jones Engineering Pty Ltd

[2021] FWCA 1403

[2021] FWCA 1403

FAIR WORK COMMISSION

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

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