DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joy Global Australia Pty Ltd
(AG2019/728)

JOY GLOBAL AUSTRALIA PTY LTD HUNTER VALLEY ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 MAY 2019

Application for approval of the Joy Global Australia Pty Ltd Hunter Valley Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Joy Global Australia Pty Ltd Hunter Valley Enterprise Agreement 2018 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 14 May 2019. The nominal expiry date of the Agreement is 31 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Joy Global Australia Pty Ltd recently sought approval of the Hunter Valley Enterprise Agreement 2018 from the Fair Work Commission. The applicant, a mining company, entered into the agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around whether the agreement complied with the Fair Work Act 2009 and if it was appropriately negotiated. The Fair Work Commission, led by Deputy President R F Logan, was tasked with determining these matters.

The primary legal issues revolved around the validity and fairness of the enterprise agreement. The Commission had to consider whether the agreement was genuinely negotiated and if it adhered to the statutory requirements of the Fair Work Act. Additionally, the Commission assessed if the agreement covered all necessary aspects, including employee protections and rights.

The Commission found that the enterprise agreement was appropriately negotiated and met the statutory requirements. Deputy President Logan concluded that the agreement was fair and reasonable, taking into account the nature of the industry and the bargaining positions of both parties. The Commission approved the agreement, allowing it to take effect.

The Fair Work Commission's decision affirmed the Hunter Valley Enterprise Agreement 2018, providing clarity and certainty for both Joy Global Australia Pty Ltd and the CFMEU. This outcome highlights the importance of ensuring enterprise agreements are properly negotiated and comply with legislative standards.

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