JAXON Pty Ltd Summary

[2013] FWCA 241

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JAXON Pty Ltd
(AG2012/13850)

JAXON PTY LTD ENTERPRISE AGREEMENT 2012-2016

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 JANUARY 2013

Application for approval of the Jaxon Pty Ltd Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Jaxon Pty Ltd Enterprise Agreement 2012 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 1 November 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jaxon Pty Ltd brought an application before the Fair Work Commission for approval of the Jaxon Pty Ltd Enterprise Agreement 2012-2016. The respondents to the application, the Australian Manufacturing Workers' Union and the National Tertiary Education Union, objected to the approval of the agreement on the basis that it did not comply with certain requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the Act, and in particular, whether the agreement provided for adequate mechanisms for the resolution of workplace disputes and whether the agreement was appropriately certified by a registered bargaining representative.

The Commission found that the agreement did not provide for adequate mechanisms for the resolution of workplace disputes. The agreement provided for a dispute resolution process that was limited to internal resolution within the company, and did not include external mechanisms such as conciliation or arbitration. The Commission held that this was not sufficient to meet the requirements of the Act, which require that enterprise agreements provide for "efficient and effective" mechanisms for the resolution of workplace disputes. The Commission also found that the agreement was not appropriately certified by a registered bargaining representative, as the certification had been given by an individual who was not a member of a registered union.

The Commission refused to approve the agreement. In reaching its decision, the Commission emphasised the importance of ensuring that enterprise agreements provide for effective dispute resolution mechanisms, and that agreements are appropriately certified by registered bargaining representatives. The Commission noted that these requirements were designed to promote industrial peace and to ensure that the rights of employees are protected.

The Fair Work Commission refused to approve the Jaxon Pty Ltd Enterprise Agreement 2012-2016.

JAXON Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established