John Deere Water Pty Ltd

[2013] FWCA 6666

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Deere Water Pty Ltd
(AG2013/8624)

JOHN DEERE WATER PTY LTD PRODUCTION CREW ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 SEPTEMBER 2013

Application for approval of the John Deere Water Pty Ltd Production Crew Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the John Deere Water Pty Ltd Production Crew Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by John Deere Water Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 September 2013. The nominal expiry date of the Agreement is 13 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

John Deere Water Pty Ltd applied to the Fair Work Commission for approval of the John Deere Water Pty Ltd Production Crew Enterprise Agreement 2013-2016. The dispute involved the proposed terms and conditions of employment for the company's production crew. The application was opposed by the Australian Manufacturing Workers' Union, which represented some of the employees covered by the agreement. The primary legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the good faith bargaining provisions.

The Commission considered the provisions of the proposed agreement, including the rates of pay, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also examined the bargaining process and whether the parties had engaged in genuine and meaningful discussions. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that the bargaining process had been conducted in good faith. The Commission also noted that the proposed agreement included provisions for flexible working arrangements and the protection of employees' rights during periods of restructure. Based on these findings, the Commission approved the proposed agreement.

The Fair Work Commission approved the John Deere Water Pty Ltd Production Crew Enterprise Agreement 2013-2016, finding that it met the requirements for approval under the Fair Work Act 2009. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment, and that the bargaining process had been conducted in good faith. The Commission also noted that the agreement included provisions for flexible working arrangements and the protection of employees' rights during periods of restructure. The Commission's decision was based on the evidence and arguments presented by the parties, and the Commission's assessment of the agreement's compliance with the relevant legal requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established