JLG Australia Pty Limited T/A JLG Industries (Australia) Summary

[2025] FWCA 1380

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

JLG Australia Pty Limited T/A JLG Industries (Australia)

(AG2025/931)

JLG INDUSTRIES (AUSTRALIA) ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 28 APRIL 2025

Application for approval of the JLG Industries (Australia) Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the JLG Industries (Australia) Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JLG Australia Pty Limited T/A JLG Industries (Australia) (Employer). The Agreement is a single enterprise agreement.

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.

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.

The Applicant sought to correct drafting errors at clauses 1.4 and 18 and filed amended Agreement pages. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2025. The nominal expiry date of the Agreement is 27 April 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission received an application from JLG Australia Pty Limited T/A JLG Industries (Australia) to approve an enterprise agreement. The application involved the terms and conditions of employment for certain employees within the company. The dispute centred on whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009. The legal issues before the commission included whether the agreement complied with the provisions regarding genuine bargaining, the requirement for the agreement to provide for the terms and conditions of employment, and whether the agreement was in the best interests of the employees. The commission also needed to determine if the agreement met the statutory requirements for approval, including provisions for the protection of employees' rights.

In considering the application, the commission examined whether the agreement was genuinely negotiated between the employer and the employees. This involved assessing the process through which the agreement was reached, including whether there was meaningful consultation and negotiation. The commission also evaluated whether the agreement provided for terms and conditions of employment that were fair and reasonable. Additionally, the commission examined whether the agreement met the criteria for approval as set out in the Fair Work Act, including whether it provided for minimum entitlements and protected employees from adverse action. The commission took into account the evidence presented by both the employer and the employees, including any submissions and objections.

The Fair Work Commission determined that the proposed enterprise agreement was genuinely negotiated and met the statutory requirements for approval. The commission found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum entitlements and protections against adverse action. The commission concluded that the agreement was in the best interests of the employees and did not disadvantage them. Accordingly, the commission approved the JLG Industries (Australia) Enterprise Agreement 2024, recognising it as a lawful and binding agreement between the employer and the employees. This decision allows the agreement to be implemented, providing a framework for the terms and conditions of employment for the affected employees.

JLG Australia Pty Limited T/A JLG Industries (Australia)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established