DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joy Global Australia Pty Ltd
(AG2019/1854)

JOY GLOBAL AUSTRALIA PTY LTD ADC ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 JUNE 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Joy Global Australia Pty Ltd ADC Enterprise Agreement 2019 (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 note that while employees were provided with a Notice of Employee Representational Rights, the notice was not in the prescribed form, as it stated that employees with questions could visit the Fair Work Ombudsman’s website or contact the “Fair Work Commission Infoline” with the relevant telephone number. The prescribed notice states that employees may direct questions to the Fair Work Ombudsman or Fair Work Commission. I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2019. The nominal expiry date of the Agreement is 31 May 2022.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Joy Global Australia Pty Ltd, sought approval of the Joy Global Australia Pty Ltd ADC Enterprise Agreement 2019 from the Fair Work Commission. The agreement sought to govern the terms and conditions of employment for a subset of the company's employees. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), who argued that the agreement did not meet the legal standards for approval.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement had been made in good faith, if it contained appropriate mechanisms for dispute resolution, and if it provided adequate protections for employees. The Commission also needed to determine if the agreement satisfied the criteria for "single interest" employer and employee representation, as well as the "better off overall test".

The Commission found that the agreement met the necessary legal standards for approval. It was satisfied that the agreement had been made in good faith and contained appropriate dispute resolution mechanisms. The Commission further determined that the agreement was beneficial to the employees, meeting the "better off overall test". The Commission noted that the agreement provided for fair wages and conditions, and that it included provisions for flexible working arrangements and other employee benefits. The opposition by the CFMEU was not sufficient to overturn the findings of the Commission.

Accordingly, the Fair Work Commission approved the Joy Global Australia Pty Ltd ADC Enterprise Agreement 2019. The agreement now legally governs the terms and conditions of employment for the relevant employees, and will remain in effect until superseded by a new agreement or by operation of law.

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