DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J & S Engineering & Maintenance Pty Limited
(AG2018/4950)

J & S ENGINEERING & MAINTENANCE PTY LTD ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the J & S Engineering & Maintenance Pty Ltd Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the J & S Engineering & Maintenance Pty Ltd Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J & S Engineering & Maintenance Pty Limited. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.2(i) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 February 2019 and, in accordance with s.54, will operate from 11 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, J & S Engineering & Maintenance Pty Limited sought approval of their 2018-2021 Enterprise Agreement. The applicants argued that the agreement was appropriate for the workforce and complied with all relevant legislative requirements. The Australian Manufacturing Workers' Union opposed the application, contending that the agreement did not provide adequate protections and benefits for the employees, and it included provisions that contravened minimum employment standards.

The Commission needed to determine whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and if it adhered to the relevant minimum standards. Additionally, the Commission considered whether the agreement had been genuinely negotiated and if it was appropriate for the workforce.

The Commission found that the agreement contained terms that were fair and reasonable for the employees, and that it did not contravene any minimum employment standards. The Commission also found that the agreement had been genuinely negotiated and was appropriate for the workforce. Therefore, the Commission approved the agreement.

The Commission ordered that the 2018-2021 Enterprise Agreement between J & S Engineering & Maintenance Pty Limited and the Australian Manufacturing Workers' Union be approved as a registered agreement under the Fair Work Act 2009. The agreement will be registered and will have effect from the date of the Commission's decision.

J & S Engineering & Maintenance Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established