DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jarvie Engineering Pty Ltd
(AG2018/2953)

JARVIE ENGINEERING ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 9 AUGUST 2018

Application for approval of the Jarvie Engineering Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Jarvie Engineering Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jarvie Engineering Pty Ltd. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jarvie Engineering Pty Ltd was the subject of an application for approval of the Jarvie Engineering Enterprise Agreement 2018. The application was brought before the Fair Work Commission. The application sought to have the agreement, which was intended to govern the employment conditions of workers employed by Jarvie Engineering, officially recognised. The dispute centred on the validity and fairness of the terms outlined in the proposed agreement, which were to be applied to the workers employed by the company.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, specifically in relation to the process through which it was negotiated and whether it provided for fair and reasonable terms. The Commission also had to consider if the agreement was consistent with the provisions of the National Employment Standards and whether it adhered to the principles of procedural fairness. The fairness of the agreement's terms was examined to ensure they were not overly disadvantageous to the employees.

The Commission examined the evidence provided by both parties, including the bargaining processes and the content of the agreement. It concluded that the agreement was made in good faith and that the process adhered to the statutory requirements. The Commission found that the terms of the agreement were fair and reasonable, taking into account the nature of the work and the economic circumstances. The Commission approved the application and determined that the Jarvie Engineering Enterprise Agreement 2018 met the necessary legal standards. The agreement was thus officially recognised, and the terms outlined within it would govern the employment conditions of the workers at Jarvie Engineering.

Jarvie 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