[2013] FWCA 7589 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Joy Global (AUS) Surface Pty Ltd (formerly P&H MinePro Services Australasia Pty Ltd)
(AG2013/2803)
JOY GLOBAL (AUS) SURFACE PTY LTD HUNTER VALLEY ENTERPRISE AGREEMENT 2013
Manufacturing and associated industries | |
DEPUTY PRESIDENT LAWRENCE | SYDNEY, 1 OCTOBER 2013 |
Application for approval of the Joy Global (AUS) Surface Pty Ltd Hunter Valley Enterprise Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the Joy Global (AUS) Surface Pty Ltd Hunter Valley Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.
[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.
[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.
[4] The Agreement is approved. In accordance with s.54(1) it will operate from 8 October 2013. The nominal expiry date of the Agreement is 8 October 2016.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code G, AE404467 PR542667>
- AGLC
- Joy Global (AUS) Surface Pty Ltd (formerly P&H MinePro Services Australasia Pty Ltd) [2013] FWCA 7589
- Case
- [2013] FWCA 7589
- Decision Date
CaseChat Overview and Summary
The primary legal issues the Commission had to address were whether the application for the approval of the enterprise agreement was valid and whether the agreement itself met the necessary criteria under the Fair Work Act 2009. Specifically, the Commission needed to ensure that the agreement had been made genuinely and voluntarily, without any coercion or undue influence. Additionally, the Commission had to verify that the agreement contained the required minimum terms and conditions of employment and that it was free from any discriminatory provisions.
In reaching its decision, the Fair Work Commission examined the process through which the agreement was negotiated and whether it adhered to the legal requirements for genuine bargaining. The Commission found that the negotiation process was genuine and that the agreement was not made under any duress. Furthermore, the Commission confirmed that the agreement included all the mandatory minimum terms and conditions as stipulated by the Fair Work Act 2009 and did not contain any discriminatory elements. Based on these findings, the Commission approved the application for the agreement's registration.
The Fair Work Commission ordered the registration of the Joy Global (AUS) Surface Pty Ltd Hunter Valley Enterprise Agreement 2013, effective from the date of the Commission's decision. This approval ensures that the terms of the agreement are legally binding on the employer and the employees covered by the agreement.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.