G T & J A Jones Engineering Pty Ltd

[2017] FWCA 5686

[2017] FWCA 5686

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

G T & J A Jones Engineering Pty Ltd
(AG2017/3775)

AMWU AND THE GT AND JA JONES ENGINEERING VIRIDIAN DANDENONG COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2017 - 2020

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 1 NOVEMBER 2017

Application for approval of the AMWU and the GT and JA Jones Engineering Viridian Dandenong Collective Bargaining Workshop Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the GT and JA Jones Engineering Viridian Dandenong Collective Bargaining Workshop Agreement 2017 - 2020 (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.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement lodged contained an error at Clause 29.1.1. On 27 October 2017 the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE425946  PR597300>

Annexure A