DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JLG Industries Inc T/A JLG Industries (Australia)
(AG2016/1140)

JLG INDUSTRIES (AUSTRALIA) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2016

Application for approval of the JLG Industries (Australia) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the JLG Industries (Australia) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JLG Industries Inc T/A JLG Industries (Australia). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2016. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the JLG Industries (Australia) Enterprise Agreement 2016. The applicant, JLG Industries Inc trading as JLG Industries (Australia), sought the commission's endorsement of the agreement which was negotiated with the relevant trade unions. The dispute centred around the procedural fairness and the compliance of the agreement with the provisions of the Fair Work Act 2009.

The legal issues before the commission included whether the agreement was genuinely bargained for, whether the necessary procedural fairness was observed in the bargaining process, and whether the agreement met the statutory requirements for approval under the Fair Work Act. A particular point of contention was the extent to which the bargaining process adhered to the principles of good faith and the specific obligations imposed by the legislation.

The commission examined the evidence and submissions provided by both parties. It found that the agreement was indeed the result of genuine bargaining between the parties and that the process observed was procedurally fair. The commission also determined that the agreement satisfied the statutory requirements for approval. In reaching its decision, the commission placed significant weight on the comprehensive evidence of the bargaining process, the presence of good faith negotiations, and the overall compliance of the agreement with the legislative framework. Based on these findings, the commission approved the enterprise agreement.

The Fair Work Commission approved the JLG Industries (Australia) Enterprise Agreement 2016, finding it to be genuinely bargained, procedurally fair, and compliant with the statutory requirements. The decision was made based on the evidence presented and the principles of good faith bargaining under the Fair Work Act.

JLG Industries Inc T/A JLG Industries (Australia)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established