DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jacmor Engineering Pty Ltd
(AG2021/253)

JACMOR ENGINEERING PTY LTD COLLECTIVE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 1 MARCH 2021

Application for approval of the Jacmor Engineering Pty Ltd Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Jacmor Engineering Pty Ltd Collective Agreement 2020 (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.

[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] I accept that there is an error in the cross-reference in clause 3.1 of the Agreement. The cross-reference in clause 3.1 should be to clause 42 and not clause 43.

[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union 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 8 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 case before the Fair Work Commission involved Jacmor Engineering Pty Ltd, an employer, and the United Voice union, representing the employees. The dispute centred on the approval of the Jacmor Engineering Pty Ltd Collective Agreement 2020. The Commission was required to determine whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. Specifically, the court had to assess if the agreement contained all the prescribed minimum terms and conditions and if it had been made in good faith and without coercion.

The primary legal issue before the Commission was whether the collective agreement complied with the statutory requirements for approval. This included verifying that the agreement contained all the prescribed minimum terms and conditions and that it had been made without coercion. Furthermore, the Commission needed to consider whether the agreement met the standards of good faith bargaining and if it appropriately balanced the interests of both the employer and the employees.

The Commission found that the Jacmor Engineering Pty Ltd Collective Agreement 2020 complied with the statutory requirements for approval. It contained all the prescribed minimum terms and conditions and was made in good faith without coercion. The agreement was deemed to appropriately balance the interests of both the employer and the employees. The Commission noted the thorough process undertaken to reach the agreement and the evidence of genuine and meaningful negotiations. Consequently, the application for approval was successful, and the agreement was registered.

The Fair Work Commission approved the Jacmor Engineering Pty Ltd Collective Agreement 2020, confirming its compliance with the necessary statutory requirements. The agreement was registered, thereby legally binding the terms and conditions it contained for the specified bargaining period.

Jacmor 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