Joy Global T/A Joy Global Australia Pty Ltd Summary

[2017] FWCA 6111

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Joy Global T/A Joy Global Australia Pty Ltd

(AG2017/3911)

Joy Global Australia Pty Ltd Somersby Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Wilson	MELBOURNE, 20 NOVEMBER 2017

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

An application has been made for approval of an enterprise agreement known as the Joy Global Australia Pty Ltd Somersby 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 T/A Joy Global Australia Pty Ltd. The Agreement is a single enterprise agreement.

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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2017. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Joy Global T/A Joy Global Australia Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Joy Global Australia Pty Ltd Somersby Enterprise Agreement 2017. This agreement was submitted for consideration under the Fair Work Act 2009. The application for approval was brought by the employer, Joy Global, and the relevant unions involved were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Electrical Trades Union (ETU). The nature of the dispute involved the terms and conditions of employment as outlined in the proposed enterprise agreement, including issues such as wages, working conditions, and the process of enterprise bargaining.

The legal issues that the Commission needed to address involved whether the agreement met the statutory requirements for approval, including whether it was made in accordance with the relevant provisions of the Fair Work Act. This involved assessing whether the agreement was genuinely negotiated, whether it contained the required minimum terms and conditions, and whether it complied with the process set out for the making of an enterprise agreement. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The Fair Work Commission, after carefully reviewing the submissions and evidence provided by both the employer and the unions, found that the agreement was genuinely negotiated and contained the required minimum terms and conditions. The Commission also determined that the agreement provided for fair and reasonable terms and conditions for the employees. As a result, the Commission approved the Joy Global Australia Pty Ltd Somersby Enterprise Agreement 2017. This decision was based on the conclusion that the agreement met all the statutory requirements for approval under the Fair Work Act, and that it did not contravene any provisions of the Act or the relevant regulations.

The final orders of the Commission were to approve the Joy Global Australia Pty Ltd Somersby Enterprise Agreement 2017, effective from the date of the decision. This approval meant that the terms and conditions set out in the agreement would apply to the employees covered by the agreement, subject to any specific exclusions or qualifications as outlined in the agreement itself.

Joy Global T/A Joy Global Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established