DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Beever (Australia) Pty Ltd
(AG2015/1363)

JOHN BEEVER (AUST) PTY LTD WORKSHOP AND SITE MAINTENANCE ENTERPRISE AGREEMENT JULY 2014 TO JUNE 2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 11 JUNE 2015

Application for approval of the John Beever (Aust) Pty Ltd Workshop and Site Maintenance Enterprise Agreement July 2014 to June 2017.

[1] An application has been made for approval of an enterprise agreement known as the John Beever (Aust) Pty Ltd Workshop and Site Maintenance Enterprise Agreement July 2014 to June 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by John Beever (Australia) Pty Ltd. The agreement is a single-enterprise agreement.

[2] This application is the second application made by John Beever (Australia) Pty Ltd for approval of the above agreement. The first application, AG2015/1220 was dismissed in a decision issued on 1 June 2015, [2015] FWC 3714, for the reason that the agreement filed with the application was not compliant with the Act. The employer has in this matter requested that I grant an extension of time for the filing of the application as it was lodged more than 14 days after the date the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] Each of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Construction, Forestry, Mining and Energy Union and The Australian Workers’ Union, being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the AMWU, CFMEU and AWU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 18 June 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of John Beever (Australia) Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of an enterprise agreement. The agreement in question was the John Beever (Aust) Pty Ltd Workshop and Site Maintenance Enterprise Agreement July 2014 to June 2017. The primary dispute centred around the terms and conditions laid out in the proposed agreement, specifically whether these terms complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act, particularly focusing on whether it provided for the appropriate bargaining and the best interests of the employees. The Commission needed to assess if the agreement was genuinely negotiated, if it contained the minimum terms and conditions, and if it was fair and reasonable in the context of the current economic conditions and the specific industry practices.

The Fair Work Commission examined the evidence and submissions provided by the parties. It found that the agreement was indeed genuinely negotiated and contained all the required minimum terms and conditions. The Commission also concluded that the agreement was fair and reasonable, taking into account the industry standards and the broader economic environment. As a result, the Commission approved the enterprise agreement, noting that it was in the best interests of the employees and complied with the legislative requirements.

The Commission's decision was to approve the John Beever (Aust) Pty Ltd Workshop and Site Maintenance Enterprise Agreement July 2014 to June 2017, recognising its compliance with the Fair Work Act and its fairness to the employees involved. This decision ensured that the terms and conditions of employment were properly negotiated and adhered to the minimum standards set by the law.

John Beever (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established