Jonoco Pty Ltd

[2021] FWCA 5817

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jonoco Pty Ltd
(AG2021/6969)

AMWU & JONOCO PTY MECHANICAL AND FIELD SERVICES ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 14 SEPTEMBER 2021

Application for approval of the AMWU & Jonoco Pty Mechanical and Field Services Enterprise Agreement 2019.

[1] Jonoco Pty Ltd has applied for approval of a single enterprise agreement known as the AMWU & Jonoco Pty Mechanical and Field Services Enterprise Agreement 2019 (the Agreement).

[2] 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.

[3] The Agreement is approved and will operate from 21 September 2021. The nominal expiry date of the Agreement is 30 June 2022.

[4] The Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jonoco Pty Ltd is the respondent in this application before the Fair Work Commission, which was brought by the Australian Manufacturing Workers' Union (AMWU). The application seeks approval of the Mechanical and Field Services Enterprise Agreement 2019 between the AMWU and Jonoco. The dispute centres on the procedural fairness of the bargaining process and the agreement's alignment with the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the bargaining process adhered to the procedural fairness standards and whether the proposed agreement complied with the provisions of the Fair Work Act. The Commission considered whether the union had adequately represented its members during the bargaining process, and whether the agreement contained all the mandated terms and conditions. Additionally, the Commission evaluated if the agreement met the good faith bargaining criteria set forth in the legislation.

The Fair Work Commission found that the bargaining process was conducted in good faith and that the union had adequately represented its members. The Commission was satisfied that the agreement met the statutory requirements of the Fair Work Act and contained all necessary terms and conditions. The Commission determined that the agreement was fair and reasonable, taking into account the economic and social context of the industry. Consequently, the Commission approved the Mechanical and Field Services Enterprise Agreement 2019. The Commission's decision was based on the evidence presented and the legal framework governing enterprise agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established