DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joy Global Australia Pty Ltd
(AG2016/6386)

JOY GLOBAL AUSTRALIA PTY LTD HUNTER VALLEY ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 22 NOVEMBER 2016

Application for approval of the Joy Global Australia Pty Ltd Hunter Valley Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Joy Global Australia Pty Ltd Hunter Valley 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 Joy Global Australia 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 22 November 2016 and, in accordance with s.54, will operate from 29 November 2016. The nominal expiry date of the Agreement is 22 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Joy Global Australia Pty Ltd, the Fair Work Commission (FWC) was presented with an application for the approval of the Joy Global Australia Pty Ltd Hunter Valley Enterprise Agreement 2016. The applicant, Joy Global Australia, sought to have the enterprise agreement registered as a registered agreement under the Fair Work Act 2009. The applicant argued that the agreement was suitable for registration as it had been negotiated in good faith, met the requirements of the Act, and provided for the appropriate terms and conditions of employment for the workforce. The dispute primarily revolved around whether the agreement met the statutory criteria for registration, particularly focusing on the aspects of good faith bargaining and the suitability of the agreement's terms.

The legal issues before the FWC involved assessing whether the agreement had been negotiated in good faith and if it complied with the statutory requirements for registration. This included verifying that the agreement provided for appropriate terms and conditions for the employees covered by the agreement, and that the process leading to the agreement's creation was free from any procedural irregularities or breaches of the Act. Additionally, the FWC had to determine whether the agreement included all necessary terms and conditions, including those prescribed by the Act, and whether it adhered to the provisions governing enterprise agreements.

In its decision, the FWC found that the application for the approval of the enterprise agreement was successful. The Commission determined that the agreement was negotiated in good faith and that it met all the statutory requirements for registration. The FWC noted that the agreement provided for appropriate terms and conditions for the employees, and it complied with the necessary provisions of the Fair Work Act. The Commission concluded that the agreement was suitable for registration, and it approved the enterprise agreement accordingly. As a result, the agreement was registered, and it would now govern the employment terms and conditions of the workforce covered by the agreement.

Joy Global Australia 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