DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jonoco Pty Ltd
(AG2017/3788)

AMWU & JONOCO PTY MECHANICAL AND FIELD SERVICES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 10 OCTOBER 2017

Application for approval of the AMWU & Jonoco Pty Mechanical and Field Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the AMWU & Jonoco Pty Mechanical and Field Services 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 Jonoco Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2017. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jonoco Pty Ltd was the subject of an application before the Fair Work Commission, concerning the approval of the Australian Manufacturing Workers' Union and Jonoco Pty Ltd Mechanical and Field Services Enterprise Agreement 2016. The AMWU sought approval for the agreement, which was intended to govern the employment conditions of Jonoco's employees within the mechanical and field services sector. The primary issue before the Commission was whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The AMWU argued that the agreement was fair and reasonable, while Jonoco contended that certain provisions were not consistent with the principles of the Act.

The Fair Work Commission considered several legal issues in determining whether to approve the agreement. Central to the decision was whether the agreement satisfied the "better off overall test," which required that employees be no worse off financially under the new agreement than they would be under their previous conditions of employment. The Commission also examined whether the agreement complied with the "good faith" requirement, ensuring that both parties genuinely negotiated the terms. Additionally, the Commission assessed whether the agreement adhered to the provisions of the National Employment Standards and whether any mandatory terms were appropriately addressed.

In its decision, the Fair Work Commission found that the agreement largely met the requirements for approval. The Commission concluded that the agreement was fair and reasonable, and that employees would be better off overall financially. The Commission noted that while some provisions could have been more explicitly detailed, the overall fairness of the agreement was not compromised. The Commission also found that the negotiation process met the good faith requirement. Consequently, the Commission approved the agreement, emphasising the importance of fair and reasonable terms for both employers and employees in the mechanical and field services sector. The approval of the agreement ensures that employees of Jonoco Pty Ltd will be governed by terms that are fair, reasonable, and compliant with the Fair Work Act 2009.

Jonoco 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