Joy Global (AUS) Underground Pty Ltd

[2014] FWCA 4272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Joy Global (AUS) Underground Pty Ltd
(AG2014/1380)

JOY GLOBAL (AUS) UNDERGROUND PTY LTD ROCKHAMPTON ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 JUNE 2014

Application for approval of the Joy Global (AUS) Underground Pty Ltd Rockhampton Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Joy Global (AUS) Underground Pty Ltd Rockhampton Enterprise Agreement 2014 (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) Underground 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers those organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 4 July 2014. The nominal expiry date of the Agreement is 3 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Joy Global (AUS) Underground Pty Ltd, the Fair Work Commission heard an application for the approval of the Rockhampton Enterprise Agreement 2014. The applicant, Joy Global (AUS) Underground Pty Ltd, sought to have the agreement certified as meeting the criteria for authorisation under the Fair Work Act 2009. The dispute involved terms and conditions of employment for employees within the relevant bargaining area.

The legal issues before the Commission were whether the agreement was made in good faith, whether it was sufficiently representative of the employees it sought to cover, and whether the agreement met the statutory requirements for approval. In particular, the Commission needed to determine whether the agreement had been negotiated genuinely and whether it contained the necessary minimum terms as required by law.

The Commission found that the agreement had been negotiated in good faith and was representative of the employees it sought to cover. The agreement contained all the required minimum terms and was consistent with the relevant industrial instruments. The Commission was satisfied that the process leading to the agreement's creation met the criteria for genuine negotiation and representation. Consequently, the Commission approved the agreement.

As a result, the Joy Global (AUS) Underground Pty Ltd Rockhampton Enterprise Agreement 2014 was certified and approved, effective from the date of the decision. The agreement now binds the employer and the employees covered by it, setting out the terms and conditions of their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established