DECISION

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

Joy Global Australia Pty Ltd
(AG2017/762)

JOY GLOBAL AUSTRALIA PTY LTD MACKAY ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 3 MAY 2017

Application for approval of the Joy Global Australia Pty Ltd Mackay Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Joy Global Pty Ltd Mackay Enterprise Agreement 2017 (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] The Applicant 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2017. The nominal expiry date of the Agreement is 10 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Joy Global Australia Pty Ltd recently faced a dispute before the Fair Work Commission concerning the approval of the Mackay Enterprise Agreement 2017. The applicant, Joy Global Australia Pty Ltd, sought the Commission's approval for the proposed agreement, which aimed to regulate the terms and conditions of employment for its employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the agreement contained the necessary protections for employees, whether it was free from any unfair content, and whether it had been genuinely negotiated between the employer and the employees. Additionally, the Commission needed to determine whether the agreement complied with the 'better off overall test', which required that no employee would be worse off under the new agreement compared to their previous conditions of employment.

In its decision, the Commission carefully reviewed the provisions of the agreement and considered submissions from both Joy Global Australia Pty Ltd and the employees' representatives. The Commission found that the agreement provided adequate protections for employees and did not contain any unfair content. Furthermore, the Commission was satisfied that the agreement had been genuinely negotiated and met the 'better off overall test'. Consequently, the Commission approved the Mackay Enterprise Agreement 2017, affirming that it complied with the necessary statutory requirements.

The Fair Work Commission's decision resulted in the approval of the Joy Global Australia Pty Ltd Mackay Enterprise Agreement 2017. The agreement now governs the terms and conditions of employment for the relevant employees, providing a framework for their working arrangements and protections.

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