Jayonn Industries Pty Ltd Summary

[2013] FWCA 671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Jayonn Industries Pty Ltd
(AG2012/14379)

JAYONN INDUSTRIES PTY LTD SINGLE ENTERPRISE AGREEMENT 2012

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 31 JANUARY 2013

Application for approval of the Jayonn Industries Pty Ltd Single Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Jayonn Industries Pty Ltd Single Enterprise Agreement 2012 (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] The Agreement covers electrical construction and contracting personnel employed by the employer. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[4] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 7 February 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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CaseChat Overview and Summary

Jayonn Industries Pty Ltd was the subject of an application for approval of a Single Enterprise Agreement in the Fair Work Commission. The application was brought by Jayonn Industries Pty Ltd, the employer, and the relevant union, which represented the employees. The dispute centred around the terms and conditions of employment, including wages, hours, and other employment-related matters, as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement was in the best interests of the employees and complied with the relevant legislative framework.

The legal issues before the Commission were multifaceted, requiring an examination of the proposed agreement's provisions and whether they met the statutory requirements set out in the Fair Work Act 2009. This involved assessing the fairness and reasonableness of the proposed terms and conditions, ensuring they were not detrimental to the employees, and confirming that the agreement was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement provided for a genuine enterprise bargaining process, as mandated by the legislation.

Upon review, the Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission determined that the terms and conditions were fair and reasonable, taking into account the economic and social context of the industry. The Commission was satisfied that the agreement had been made in good faith and without any form of coercion. Furthermore, the evidence presented demonstrated that the bargaining process was genuine, as it involved meaningful consultation and negotiation between the employer and the union. Consequently, the Commission approved the Jayonn Industries Pty Ltd Single Enterprise Agreement 2012, recognising it as a fair and reasonable agreement for the employees.

The final orders of the Commission mandated that the approved agreement be registered and enforced as a legally binding document between Jayonn Industries Pty Ltd and the relevant union, effective from the date of the Commission's decision. The agreement was to remain in force until the earlier of its expiry or the making of a new agreement, in accordance with the Fair Work Act 2009. This decision effectively resolved the dispute and provided clarity on the terms and conditions of employment for the employees represented by the union.

Jayonn Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established