DECISION

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

JLG Pacific Holdings Inc T/A JLG Industries (Australia)
(AG2020/2121)

JLG INDUSTRIES (AUSTRALIA) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER BOOTH	BRISBANE, 18 SEPTEMBER 2020

Application for approval of the JLG Industries (Australia) Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by JLG Pacific Holdings Inc T/A JLG Industries (Australia) (the Applicant) for approval of the JLG Industries (Australia) Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 13 August 2020, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed undertakings addressing the concerns raised on 14 August 2020. The employee bargaining representative were provided with copies of the proposed undertakings.

[3] The matter was listed for eHearing on 16 September 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then taken to be a term of the Agreement and are attached to this Decision at Attachment A.

[5] Subject to the matters raised at paragraphs [2] – [4], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval had been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2020. The nominal expiry date is 24 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A.

CaseChat Overview and Summary

The case involved JLG Pacific Holdings Inc, trading as JLG Industries (Australia), which applied for approval of the JLG Industries (Australia) Enterprise Agreement 2020. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved examining the agreement to ensure it complied with the requirements of the Act, including provisions for minimum wages, leave entitlements, and other employment conditions.

The legal issues before the FWC centred on whether the proposed agreement appropriately covered the required terms and conditions of employment and whether it adhered to the relevant provisions of the Fair Work Act. The court needed to determine if the agreement provided for fair and reasonable terms and conditions and whether it allowed for the proper operation of the workplace. The FWC also had to consider whether the agreement was genuinely negotiated between the employer and the employees.

In rendering its decision, the FWC found that the proposed enterprise agreement met the necessary criteria for approval. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, covering minimum wages, leave entitlements, and other relevant provisions. The FWC concluded that the agreement was genuinely negotiated and would allow for the proper operation of the workplace. Consequently, the FWC approved the JLG Industries (Australia) Enterprise Agreement 2020, ensuring that it would now serve as a legally binding contract between the employer and the employees.

JLG Pacific Holdings Inc T/A JLG Industries (Australia)

DECISION

Attachment A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established