JLG Industries Inc

[2013] FWCA 1338

FAIR WORK COMMISSION

DECISION

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

JLG Industries Inc
(AG2013/5121)

JLG INDUSTRIES (AUSTRALIA) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 12 MARCH 2013

Application for approval of the JLG Industries (Australia) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the JLG Industries (Australia) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by JLG Industries Inc. 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 Agreement is approved and, in accordance with s.54, will operate from 19 March 2013. The nominal expiry date is 31 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

JLG Industries Inc, a company involved in manufacturing and distribution, brought an application before the Fair Work Commission to approve the JLG Industries (Australia) Enterprise Agreement 2013. The application sought the agreement's approval, which aimed to regulate the employment terms and conditions of JLG's employees. The dispute centred on whether the agreement met the legal requirements under the Fair Work Act 2009 and if it was fairly and genuinely negotiated.

The court was required to determine whether the agreement complied with the statutory criteria for enterprise agreements, including whether the agreement was in writing, the parties involved were genuinely negotiating, and it contained essential terms as required by the Fair Work Act. Additionally, the court had to consider whether the agreement met the good faith bargaining requirements and if it included any provisions that could potentially be unfair.

The Fair Work Commission found that the agreement met all necessary statutory criteria. The court noted that the agreement was in writing and contained all the essential terms required by the Act. The commission was satisfied that the agreement was the product of genuine negotiations and met the good faith bargaining requirements. The commission also considered the fairness of the agreement, finding it to be reasonable and balanced in terms of the rights and obligations of both parties. Consequently, the court approved the JLG Industries (Australia) Enterprise Agreement 2013.

The final orders of the court were that the JLG Industries (Australia) Enterprise Agreement 2013 was approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms. The decision concluded that the agreement was fair, genuinely negotiated, and met all legal requirements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established