DECISION

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

Joy Global Australia Pty Ltd
(AG2020/1437)

JOY GLOBAL AUSTRALIA PTY LTD SOMERSBY ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 10 JULY 2020

Application for approval of the Joy Global Australia Pty Ltd Somersby Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the Joy Global Australia Pty Ltd Somersby Enterprise Agreement 2019 (‘the Agreement’). The application was made by Joy Global Australia Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Australian Manufacturing Workers’ Union (“the AMWU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the AMWU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 17 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In the recent decision of Joy Global Australia Pty Ltd, the Fair Work Commission (FWC) was tasked with determining whether to approve the Joy Global Australia Pty Ltd Somersby Enterprise Agreement 2019. This agreement was submitted by the employer, Joy Global Australia Pty Ltd, and was intended to cover its employees who are members of the Communications, Electrical and Plumbing Union of Australia. The dispute arose from the negotiation process and the subsequent application for approval of the agreement, which sought to establish the terms and conditions of employment for the employees covered by the agreement.

The primary legal issue before the FWC was whether the agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement was genuinely negotiated between the employer and the union, whether it provided for minimum entitlements, and whether it was in the best interests of the employees. Additionally, the FWC needed to consider whether the agreement complied with the "better off overall test" (BOOT), which required that the agreement must provide employees with outcomes that are no worse than their current entitlements and, in some cases, better than those entitlements.

The FWC found that the agreement had been genuinely negotiated between the parties and that it provided for all minimum entitlements as required by the Fair Work Act. The commission also determined that the agreement met the BOOT, as it offered employees a range of improvements in terms of pay, leave, and other conditions. The FWC concluded that the agreement was in the best interests of the employees and approved the application for the agreement to be registered. The commission emphasised the importance of the negotiation process and the role of the union in representing the employees in reaching a fair and balanced agreement.

Consequently, the FWC approved the Joy Global Australia Pty Ltd Somersby Enterprise Agreement 2019, and it was registered as a valid and binding enterprise agreement under the Fair Work Act. The approval of the agreement ensures that the employees covered by it will receive the terms and conditions outlined in the agreement, providing them with a stable and predictable employment environment. This decision highlights the importance of genuine negotiation, compliance with legal requirements, and the consideration of the employees' best interests in the approval process for enterprise agreements.

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