DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jenkin Bros Engineers (Australia) Pty Ltd T/A Jenkin Bros Engineers
(AG2019/4950)

JENKIN BROS ENGINEERS (AUSTRALIA) PTY LTD AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 18 MARCH 2020

Application for approval of the Jenkin Bros Engineers (Australia) Pty Ltd Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Jenkin Bros Engineers (Australia) Pty Ltd Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jenkin Bros Engineers (Australia) Pty Ltd T/A Jenkin Bros Engineers. 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 25 March 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter involved Jenkin Bros Engineers (Australia) Pty Ltd trading as Jenkin Bros Engineers. The dispute centred on the approval of the Jenkin Bros Engineers (Australia) Pty Ltd Agreement 2019. The application for approval of this agreement was lodged by the company, seeking the Commission's endorsement of the terms and conditions outlined in the proposed enterprise agreement.

The primary legal issues before the Commission involved assessing whether the agreement complied with the requirements set forth in the Fair Work Act 2009. This included examining whether the agreement had been made in good faith, whether it contained the minimum entitlements prescribed by the Act, and whether it adhered to the provisions concerning the procedural fairness in its creation. Additionally, the Commission had to determine if the agreement fairly reflected the balance of workplace rights and obligations.

In delivering its decision, the Commission carefully reviewed the evidence and submissions provided by the parties. It found that the agreement was made in good faith, met the minimum entitlements required by law, and followed the necessary procedural steps. The Commission also concluded that the agreement provided a fair balance of rights and obligations. As a result, the Commission approved the Jenkin Bros Engineers (Australia) Pty Ltd Agreement 2019, effective from the date of the decision.

The Fair Work Commission approved the Jenkin Bros Engineers (Australia) Pty Ltd Agreement 2019, marking it as a legally binding enterprise agreement. The approval ensures that the terms and conditions set forth in the agreement are enforceable between the employer and the employees, providing a clear framework for their industrial relations.

Jenkin Bros Engineers (Australia) Pty Ltd T/A Jenkin Bros Engineers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established