DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joy Global Australia Pty Ltd
(AG2016/837)

JOY GLOBAL AUSTRALIA PTY LTD (ADC) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 11 MAY 2016

Application for approval of the Joy Global Australia Pty Ltd (ADC) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the Joy Global Australia Pty Ltd (ADC) Enterprise Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Joy Global Australia Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 18 May 2016. The nominal expiry date of the Agreement is 11 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Joy Global Australia Pty Ltd sought approval for the Enterprise Agreement 2016 (the Agreement) entered into with the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement aimed to regulate various employment terms and conditions for employees, including wages, hours of work, and leave provisions. The dispute centred around whether the Agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the Agreement was a genuine enterprise agreement, whether it complied with the procedural requirements set out in the Fair Work Act, and whether it was in the best interests of the employees covered by the Agreement. The Commission had to consider whether the Agreement was negotiated in good faith, provided for a genuine enterprise, and contained the necessary provisions required by law.

After examining the evidence and submissions from both parties, the Commission found that the Agreement was genuinely negotiated and represented a fair and reasonable outcome for the employees. The Agreement was deemed to comply with all procedural requirements and met the necessary criteria for approval. The Commission concluded that the Agreement was in the best interests of the employees as it provided for appropriate wages, conditions, and benefits. Consequently, the Commission approved the Agreement, finding it to be a genuine enterprise agreement that would benefit the employees covered by it.

The final orders of the Commission were that the Joy Global Australia Pty Ltd (ADC) Enterprise Agreement 2016 be approved as a certified agreement under the Fair Work Act. The approved Agreement was to be registered with the Fair Work Commission and would apply to the employees covered by it from the date of the decision.

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