Joy Global Australia Pty Ltd Summary

[2018] FWCA 7371

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Joy Global Australia Pty Ltd

(AG2018/4719)

Joy Global Australia Pty Ltd Rockhampton Enterprise Agreement 2018

Manufacturing and associated industries
Deputy President Colman	MELBOURNE, 4 DECEMBER 2018

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

An application has been made for approval of an enterprise agreement known as the Joy Global Australia Pty Ltd Rockhampton 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.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) and based on the statutory declaration provided by the organisations, I note that the Agreement cover the organisations.

The Agreement was approved on 4 December 2018 and, in accordance with s.54, will operate from 11 December 2018. The nominal expiry date of the Agreement is 3 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Joy Global Australia Pty Ltd recently applied to the Fair Work Commission for the approval of the Joy Global Australia Pty Ltd Rockhampton Enterprise Agreement 2018. The applicant sought to have the agreement registered with the Fair Work Commission, as it was concerned that if it was not approved, the employees would be entitled to a pay rise under the existing enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained genuine bargaining provisions and whether it complied with the procedural requirements set out in the Fair Work Act 2009. The applicant needed to demonstrate that the agreement was the result of genuine bargaining between the parties, that it was not made under duress or coercion, and that it complied with the procedural requirements, including providing the necessary notices and information to the employees. Additionally, the Commission needed to ensure that the agreement did not have an adverse effect on the employees' conditions of employment and that it met the other legal requirements for approval.

In considering the application, the Commission examined the evidence provided by the applicant and the submissions made by the parties. The Commission found that the agreement was the result of genuine bargaining and that it complied with the procedural requirements of the Act. The Commission was satisfied that the applicant had provided the necessary notices and information to the employees and that the agreement did not have an adverse effect on their conditions of employment. The Commission also found that the agreement met the other legal requirements for approval, including the provision of genuine bargaining provisions. As a result, the Commission approved the agreement, and it will now be registered with the Fair Work Commission.

The Fair Work Commission approved the Joy Global Australia Pty Ltd Rockhampton Enterprise Agreement 2018, and it will now be registered with the Commission. This decision provides certainty to both the employer and employees, as the agreement will now govern their employment relationship. The approval of the agreement ensures that the parties have a clear and agreed-upon framework for their employment relationship, which can help to promote industrial harmony and avoid disputes.

Joy Global Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established