DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GT & JA Jones Engineering Pty Ltd
(AG2021/293)

AMWU AND THE GT AND JA JONES ENGINEERING OCEANIA GLASS DANDENONG COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2020-2023

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 26 FEBRUARY 2021

Application for approval of the AMWU and the GT and JA Jones Engineering Oceania Glass Dandenong Collective Bargaining Workshop Agreement 2020-2023.

[1] 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 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GT & JA Jones Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Manufacturing Workers' Union (AMWU), sought approval of the GT and JA Jones Engineering Oceania Glass Dandenong Collective Bargaining Workshop Agreement 2020-2023 from the Fair Work Commission (FWC). The agreement in question was negotiated between the AMWU and the respondent, GT & JA Jones Engineering Pty Ltd, and involved terms and conditions for employees working at the respondent's Dandenong site. The application was heard by Deputy President J G Richardson, who was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issue before the Deputy President was whether the agreement was "appropriate" for approval, as required by section 233 of the Act. This involved assessing whether the agreement covered all employees to which it applied, was free from prohibited content, and complied with the good faith bargaining obligations. The Deputy President needed to determine whether the agreement had been genuinely negotiated between the parties and was in the best interests of the employees it covered.

Deputy President Richardson found that the agreement was appropriate for approval. The Deputy President held that the agreement was genuinely negotiated in good faith, covered all relevant employees, and did not contain any prohibited content. The Deputy President also considered that the terms and conditions of the agreement were fair and reasonable, taking into account the needs and circumstances of the employees. The Deputy President concluded that the agreement met all the requirements for approval under the Act.

The Deputy President approved the GT and JA Jones Engineering Oceania Glass Dandenong Collective Bargaining Workshop Agreement 2020-2023, and it will now be registered with the FWC. This decision provides clarity for the parties involved and sets a precedent for future collective bargaining agreements in similar circumstances.

GT & JA 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