Jacmor Engineering Pty Ltd

[2022] FWCA 2498

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Jacmor Engineering Pty Ltd

(AG2022/1897)

Jacmor Engineering Pty Ltd Collective Agreement 2020

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 25 JULY 2022

Application for variation of the Jacmor Engineering Pty Ltd Collective Agreement 2020

An application has been made for approval of a variation to the Jacmor Engineering Pty Ltd Collective Agreement 2020 (the Agreement). The application was made by Jacmor Engineering Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 25 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission involved Jacmor Engineering Pty Ltd, a construction company, and the United Workers Union, which represents the employees. The dispute centred around a request by the Union to vary the Collective Agreement 2020 to include provisions that would ensure better pay and conditions for the employees. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues that the Commission had to address included whether the proposed changes were reasonable and justifiable under the Fair Work Act 2009, and whether the variations would result in an undue burden on the employer. The Commission also had to consider the principles of good faith bargaining and the need for a fair and reasonable outcome for both parties.

In delivering its decision, the Commission found that the proposed changes were reasonable and justifiable, and would not impose an undue burden on the employer. The Commission noted that the changes were necessary to ensure that the employees received fair pay and conditions, and that the employer had not demonstrated any undue hardship in implementing the changes. The Commission also found that the parties had engaged in good faith bargaining, and that the proposed changes would result in a fair and reasonable outcome for both parties. Consequently, the Commission granted the application for variation of the Collective Agreement 2020.

The Fair Work Commission ordered that the Collective Agreement 2020 be varied to include the proposed changes, which included provisions for increased pay rates, improved leave entitlements, and better protections for employees. The employer was also ordered to provide the Union with written confirmation of the changes within 14 days of the decision. The decision provides guidance for employers and unions in relation to good faith bargaining and the negotiation of fair and reasonable outcomes in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established