DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joy Global Australia Pty Ltd
(AG2018/6396)

JOY GLOBAL AUSTRALIA PTY LTD MOSS VALE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 12 APRIL 2019

Application for approval of the Joy Global Australia Pty Ltd Moss Vale Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Joy Global Australia Pty Ltd Moss Vale Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Joy Global Australia Pty Ltd was the subject of an application for the approval of the Moss Vale Enterprise Agreement 2018, which was heard in the Fair Work Commission. The applicant, a mining company, sought to have the agreement approved under the Fair Work Act 2009. The application arose because the agreement, which was to govern the employment conditions of certain employees, required the approval of the Commission to be effective.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement met the criteria for 'coverage' and 'bargaining' as outlined in the legislation. Coverage referred to the scope of employees to whom the agreement applied, while bargaining concerned the process by which the agreement was made. The Commission also needed to consider whether the agreement contained the necessary 'good faith' provisions, as mandated by the Act.

In examining the application, the Commission looked at the process by which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement was the product of genuine bargaining between the parties and that it contained all the required provisions, including good faith. The Commission was satisfied that the agreement met the legislative requirements for coverage and bargaining, and it approved the agreement. The decision was based on the comprehensive evidence provided by the applicant and the absence of any objections from other parties.

The Fair Work Commission approved the Joy Global Australia Pty Ltd Moss Vale Enterprise Agreement 2018, finding that it met all statutory requirements. This decision allows the agreement to govern the employment conditions of the specified employees, providing a framework for their working conditions and terms of employment.

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