Jacmor Engineering Pty Ltd

[2024] FWCA 4361

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jacmor Engineering Pty Ltd

(AG2024/4423)

JACMOR ENGINEERING PTY LTD COLLECTIVE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 10 DECEMBER 2024

Application for approval of the Jacmor Engineering Pty Ltd Collective Agreement 2024

An application has been made for approval of an enterprise agreement known as the Jacmor Engineering Pty Ltd Collective Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jacmor Engineering Pty Ltd. The Agreement is a single enterprise agreement.

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.

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. The AMWU support approval of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Jacmor Engineering Pty Ltd Collective Agreement 2024 was heard in the Fair Work Commission. The applicant, Jacmor Engineering Pty Ltd, sought approval for a new enterprise agreement. The respondent, the Electrical Trades Union of Australia, represented the employees. The dispute centred on the terms and conditions of employment outlined in the proposed agreement.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it contained the necessary provisions for a lawful enterprise agreement. The Commission also needed to determine if the agreement was made in good faith and whether it complied with the provisions regarding the protection of employees' rights.

In delivering its decision, the Commission considered the nature of the bargaining process, the fairness of the terms, and the compliance with legislative requirements. The Commission found that the agreement contained all necessary provisions and that it was made in good faith. It concluded that the agreement did not disadvantage employees and was, therefore, fair and reasonable. Consequently, the Commission approved the Jacmor Engineering Pty Ltd Collective Agreement 2024.

The Fair Work Commission orders that the Jacmor Engineering Pty Ltd Collective Agreement 2024 is approved as a registered agreement under the Fair Work Act 2009. The agreement shall have effect from the date of the Commission's decision and will be binding on the parties for the specified period.

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Background to the litigation

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Legal Principle Established