Joy Global Australia Pty Ltd

[2019] FWCA 4355

[2019] FWCA 4355

FAIR WORK COMMISSION

DECISION

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

Joy Global Australia Pty Ltd
(AG2019/1539)

JOY GLOBAL AUSTRALIA PTY LTD HEMMANT ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 21 JUNE 2019

Application for approval of the Joy Global Pty Ltd Hemmant Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Joy Global Australia Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Joy Global Australia Pty Ltd Hemmant Enterprise Agreement 2019 (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 as per s.172(2) of the Act.

[1] The Employer has provided written undertakings regarding:

•  annual leave loading pay on termination;

•  personal leave;

•  recognition of continuous service of a casual employee; and

•  notice of absence.

[2] A copy of the undertakings is attached at the end of the Agreement. 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 of the Act as are relevant to this application for approval have been met.

[4] The employer has also confirmed that where an employee is requested to work on other company sites beyond 6 months, the terms and conditions of the Agreement will continue to apply.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries 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 and has approved the undertaking along with the other bargaining representatives. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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