DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joy Global Australia Pty Ltd
(AG2016/5259)

JOY GLOBAL AUSTRALIA PTY LTD PERTH WORKSHOP ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 26 SEPTEMBER 2016

Application for approval of the Joy Global Australia Pty Ltd Perth Workshop Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Joy Global Australia Pty Ltd Perth Workshop 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2016. The nominal expiry date of the Agreement is 3 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Joy Global Australia Pty Ltd, applied for the approval of the Joy Global Australia Pty Ltd Perth Workshop Enterprise Agreement 2016. The respondent, the United Voice union, opposed the application, arguing that the agreement did not meet the statutory requirements for an enterprise agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement was a valid and compliant agreement that could be approved by the Commission. The Commission needed to determine if the agreement contained all the mandatory terms prescribed by the Fair Work Act 2009, if it was made in good faith, and if it complied with the procedural requirements for making an enterprise agreement.

The Commission found that the enterprise agreement contained all the mandatory terms required by the Fair Work Act 2009 and was made in good faith. The Commission also found that the agreement was made in accordance with the procedural requirements for making an enterprise agreement. The Commission was satisfied that the agreement was a genuine enterprise agreement and approved it.

The Fair Work Commission approved the Joy Global Australia Pty Ltd Perth Workshop Enterprise Agreement 2016. The Commission found that the agreement met all the statutory requirements for an enterprise agreement and was made in good faith. The Commission approved the agreement, and it will now be legally binding on the parties.

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