Jenkin Bros Engineers (Australia) Pty Ltd

[2013] FWCA 7194

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jenkin Bros Engineers (Australia) Pty Ltd
(AG2013/9391)

JENKIN BROS ENGINEERS (AUSTRALIA) PTY LTD AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 SEPTEMBER 2013

Application for approval of the Jenkin Bros Engineers (Australia) Pty Ltd Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Jenkin Bros Engineers (Australia) Pty Ltd Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Jenkin Bros Engineers (Australia) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 26 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Jenkin Bros Engineers (Australia) Pty Ltd, sought approval for an enterprise agreement. The application was contested by the Australian Manufacturing Workers' Union, representing certain employees. The dispute centred around the terms of the proposed agreement, which aimed to establish a new framework for employment conditions within the company. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission involved assessing whether the agreement had been made in accordance with the procedural requirements set out in the Act, and whether it contained the mandatory terms prescribed by the law. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees, particularly in relation to pay and conditions. The applicant argued that the agreement was made fairly and in good faith, while the union contended that certain provisions were detrimental to the employees' interests.

The Commission found that the agreement had been made in accordance with the necessary procedures, with genuine bargaining taking place between the parties. The Commission also determined that the agreement contained all the mandatory terms required by the Act. In assessing the interests of the employees, the Commission concluded that while some provisions may have been disadvantageous, the overall agreement did not significantly harm the employees' pay and conditions. Consequently, the Commission approved the Jenkin Bros Engineers (Australia) Pty Ltd Agreement 2013, considering it to be in the best interests of the majority of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established