Joy Global (AUS) Surface Pty Ltd (formerly P&H MinePro Services Australasia Pty Ltd)

[2014] FWCA 76

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joy Global (AUS) Surface Pty Ltd (formerly P&H MinePro Services Australasia Pty Ltd)
(AG2013/10489)

JOY GLOBAL (AUS) SURFACE PTY LTD MACKAY ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 JANUARY 2014

Application for approval of the Joy Global (AUS) Surface Pty Ltd Mackay Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Joy Global (AUS) Surface Pty Ltd Mackay Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Joy Global (AUS) Surface Pty Ltd (formerly P&H MinePro Services Australasia 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 Agreement is approved and, in accordance with s.54, will operate from 13 January 2014. The nominal expiry date of the Agreement is 5 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Joy Global (AUS) Surface Pty Ltd, sought approval of an enterprise agreement with its employees, who are members of a union. The union had applied for the approval of the Mackay Enterprise Agreement 2013, which was entered into between the applicant and the union. The dispute involved the procedural fairness of the agreement's negotiation and the agreement's compliance with the Fair Work Act 2009. The Fair Work Commission heard the matter.

The legal issues before the Commission were whether the agreement was fairly negotiated and if it complied with the Fair Work Act. The union argued that the applicant had not fairly negotiated the agreement, as it had not provided the union with sufficient information and had failed to bargain in good faith. The union also contended that the agreement did not comply with the Fair Work Act because it did not provide for the protection of employees' rights and entitlements. The applicant, on the other hand, argued that it had fairly negotiated the agreement and that it complied with the Fair Work Act.

The Commission found that the applicant had fairly negotiated the agreement and that it complied with the Fair Work Act. The Commission found that the applicant had provided the union with sufficient information and had bargained in good faith. The Commission also found that the agreement provided for the protection of employees' rights and entitlements and did not contravene any provisions of the Fair Work Act. The Commission approved the Mackay Enterprise Agreement 2013 and made orders to that effect.

The Commission made orders approving the Mackay Enterprise Agreement 2013 and requiring the applicant to give the union a copy of the approved agreement. The Commission also made orders that the agreement would operate from the date of the decision and that it would remain in force until the earlier of the agreement's expiry or the making of a new enterprise agreement. The union and the applicant were ordered to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established