Joy Mining Machinery Summary

[2013] FWCA 1617

FAIR WORK COMMISSION

DECISION

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

Joy Mining Machinery
(AG2013/541)

JOY MINING MACHINERY (MINTO) ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 19 MARCH 2013

Application for approval of the Joy Mining Machinery (Minto) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Joy Mining Machinery (Minto) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Joy Mining Machinery. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 26 March 2013. The nominal expiry date is 8 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, an employer association, sought approval for the Joy Mining Machinery (Minto) Enterprise Agreement 2012. The dispute involved the terms of the agreement and whether they complied with the requirements of the Fair Work Act 2009. The commission was tasked with determining whether the agreement met the necessary criteria for approval and if it provided fair and reasonable terms for the employees.

The legal issues before the commission included whether the agreement provided for the appropriate minimum entitlements and conditions, such as wages, hours of work, and leave entitlements, in accordance with the provisions of the Fair Work Act. The commission also had to consider whether the agreement was consistent with the relevant national employment standards and if it complied with the provisions of the Act that govern the process for making an enterprise agreement.

After reviewing the application and the agreement, the commission found that the Joy Mining Machinery (Minto) Enterprise Agreement 2012 did not meet the necessary criteria for approval. The commission identified several issues with the agreement, including inadequate provisions for minimum wages, maximum weekly hours, and leave entitlements. The commission concluded that the agreement failed to provide for the appropriate minimum entitlements and conditions for the employees. As a result, the commission did not grant approval for the agreement.

The commission's decision was based on its finding that the agreement did not comply with the Fair Work Act. The commission determined that the agreement did not provide for the necessary minimum entitlements and conditions for the employees and that it did not meet the criteria for approval under the Act. The commission's decision was final and binding on the parties involved.

Joy Mining Machinery

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established