DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GT & JA Jones Engineering Pty Ltd
(AG2016/7896)

GT & JA JONES ENGINEERING PTY LTD METALS LABOUR HIRE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 2 MARCH 2017

Application for approval of the GT & JA Jones Engineering Pty Ltd Metals Labour Hire Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the GT & JA Jones Engineering Pty Ltd Metals Labour Hire Agreement 2016 (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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GT & JA Jones Engineering Pty Ltd applied to the Fair Work Commission for approval of a metals industry labour hire agreement. The application was made under section 232 of the Fair Work Act 2009, which allows for the approval of agreements that meet specific criteria designed to protect the rights and interests of workers. The Commission was required to determine whether the proposed agreement was in the interests of the workers it covered and complied with relevant legislative provisions.

The legal issues before the Commission included whether the agreement provided for appropriate terms and conditions for the workers, including minimum wages, leave entitlements, and other benefits. The Commission also needed to consider whether the agreement provided for effective dispute resolution mechanisms and whether it complied with other relevant provisions of the Fair Work Act. In addition, the Commission had to assess whether the agreement was consistent with the National Employment Standards and whether it provided for appropriate protections for workers who were subject to the agreement.

The Fair Work Commission approved the application, finding that the agreement met the necessary criteria. The Commission noted that the agreement provided for appropriate terms and conditions for the workers, including minimum wages and leave entitlements. The Commission also found that the agreement provided for effective dispute resolution mechanisms and complied with relevant provisions of the Fair Work Act. In addition, the Commission was satisfied that the agreement was consistent with the National Employment Standards and provided for appropriate protections for workers. The Commission was satisfied that the agreement was in the interests of the workers it covered and approved the application.

The Fair Work Commission approved the application for approval of the GT & JA Jones Engineering Pty Ltd Metals Labour Hire Agreement 2016. The Commission found that the agreement met the necessary criteria and was in the interests of the workers it covered. The Commission approved the agreement, which will now be a registered agreement under the Fair Work Act.

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