DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joy Global Australia Pty Ltd
(AG2017/1005)

JOY GLOBAL AUSTRALIA PTY LTD HEMMANT ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 12 APRIL 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Joy Global Australia Pty Ltd Hemmant 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 19 April 2017. The nominal expiry date of the Agreement is 12 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of the Joy Global Australia Pty Ltd Hemmant Enterprise Agreement 2017. The applicant, Joy Global Australia Pty Ltd, sought approval of the agreement which had been negotiated with the trade union, Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the terms of the enterprise agreement, specifically those pertaining to the classification and remuneration of employees, and the implications for the employees' working conditions. The Commission's task was to determine whether the agreement met the statutory criteria for approval, including whether it facilitated the improvement of the terms and conditions of employment.

The primary legal issues before the Commission were whether the agreement provided for the payment of a wage rate that was at least equal to the relevant award or registered agreement rate, and whether the agreement was consistent with the overarching public policy objectives of the Fair Work Act 2009. The Commission also had to consider whether the agreement was procedurally sound, in that it had been negotiated in good faith and followed the necessary consultation processes.

In reaching its decision, the Commission examined the terms of the agreement, the bargaining process, and the evidence presented by both parties. The Commission found that the agreement provided for wages that were at least equal to the relevant award rates and was consistent with the public policy objectives of the Fair Work Act. It was also satisfied that the agreement had been negotiated in good faith and that the necessary consultation processes had been followed. Therefore, the Commission approved the agreement, finding it to be in compliance with the statutory requirements.

The final orders of the Commission included the approval of the Joy Global Australia Pty Ltd Hemmant Enterprise Agreement 2017, subject to the terms and conditions set out in the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement, effective from the date of the decision. The Commission also ordered that any disputes arising from the agreement would be dealt with in accordance with the dispute resolution provisions contained within the agreement itself.

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