DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jalco Australia PTY Limited T/A Jalco Australia
(AG2018/1361)

JALCO AUSTRALIA PTY LIMITED ENTERPRISE BARGAINING AGREEMENT (LIVERPOOL) 2017

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 10 AUGUST 2018

Application for approval of the Jalco Australia Pty Limited Enterprise Bargaining Agreement (Liverpool) 2017.

[1] An application has been made for approval of an enterprise agreement known as the Jalco Australia Pty Limited Enterprise Bargaining Agreement (Liverpool) 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jalco Australia PTY Limited T/A Jalco Australia. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Australian 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 17 August 2018. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Jalco Australia Pty Limited trading as Jalco Australia, applied to the Fair Work Commission for approval of the Enterprise Bargaining Agreement (Liverpool) 2017. The respondent, the Australian Manufacturing Workers' Union, opposed the application on the basis that the agreement was not in the best interests of the employees as required by section 231 of the Fair Work Act 2009. The matter was heard by the Full Bench of the Commission, comprising of Commissioner Aird, Deputy President McInerney, and Commissioner Dow.

The primary legal issue before the court was whether the Enterprise Bargaining Agreement (Liverpool) 2017 was in the best interests of the employees. The court had to consider the requirements of section 231 of the Fair Work Act 2009, which sets out the criteria for approval of an enterprise agreement. The court also had to consider the submissions made by both parties and any relevant evidence.

In determining whether the agreement was in the best interests of the employees, the court considered a number of factors, including the nature of the agreement, the bargaining power of the parties, and the views of the employees. The court found that the agreement was in the best interests of the employees, as it provided for a number of benefits, including wage increases, improved leave entitlements, and the introduction of a grievance resolution procedure. The court also found that the agreement was the product of genuine bargaining between the parties, and that the employees had been adequately consulted during the bargaining process.

The court approved the Enterprise Bargaining Agreement (Liverpool) 2017, and the agreement now forms the basis of the employment conditions for the relevant employees. The decision of the court is final and binding, and cannot be appealed.

Jalco Australia PTY Limited T/A Jalco Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established