Jacmor Engineering Pty Ltd

[2018] FWCA 5962

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Jacmor Engineering Pty Ltd

(AG2018/1797)

Jacmor Engineering Pty Ltd Collective Agreement 2017

Manufacturing and associated industries
Deputy President Beaumont	PERTH, 24 SEPTEMBER 2018

Application for approval of the Jacmor Engineering Pty Ltd Collective Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Jacmor Engineering Pty Ltd Collective Agreement 2017 (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.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, and 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, 188 and 190 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, 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.

The Agreement was approved on 24 September 2018 and, in accordance with s.54, will operate from 1 October 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Jacmor Engineering Pty Ltd Collective Agreement 2017. The Fair Work Commission was the court which heard the application. The primary parties were Jacmor Engineering Pty Ltd, a mechanical engineering company, and the National Electrical and Mechanical Technicians' Union, an industrial union representing the employees. The dispute arose from negotiations between the employer and the union over the terms and conditions of employment for the employees.

The legal issues the Commission needed to address included whether the agreement met the statutory requirements for a registered agreement under the Fair Work Act 2009, and whether the agreement was fair and reasonable in all its terms. Specifically, the Commission needed to determine whether the agreement was consistent with the objectives of the Act, including ensuring employees are protected from unfair treatment and have access to a fair and effective dispute resolution process.

The Fair Work Commission found that the agreement was consistent with the statutory requirements and was fair and reasonable in all its terms. The Commission noted that the agreement provided for a fair and effective dispute resolution process, and that it was consistent with the objectives of the Act. The Commission also found that the agreement was negotiated in good faith and that it provided for a fair and reasonable balance of rights and obligations for both parties. The Commission approved the agreement, which will now be registered and will apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established