Joyce Krane Australia Pty Ltd

Case [2025] FWCA 572
[2025] FWCA 572

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Joyce Krane Australia Pty Ltd

(AG2025/194)

JOYCE KRANE ENTERPRISE AGREEMENT (SOUTH WA) 2024

Building, metal and civil construction industries

DEPUTY PRESIDENT COLMAN

MELBOURNE, 13 FEBRUARY 2025

Application for approval of the Joyce Krane Enterprise Agreement (South WA) 2024

  1. Joyce Krane Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Joyce Krane Enterprise Agreement (South WA) 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

  1. The Agreement was approved on 13 February 2025.

DEPUTY PRESIDENT
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<AE528024  PR784312>

Details
AGLC
Joyce Krane Australia Pty Ltd [2025] FWCA 572
Case
[2025] FWCA 572
Decision Date

CaseChat Overview and Summary

In the matter of Joyce Krane Australia Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of an enterprise agreement. The applicant, Joyce Krane Australia Pty Ltd, sought the endorsement of the Joyce Krane Enterprise Agreement (South WA) 2024. The dispute centred around the terms and conditions of employment for the workers represented by the applicant.

The central legal issues before the Commission involved the assessment of whether the enterprise agreement complied with the Fair Work Act 2009, particularly concerning the provisions regarding minimum wages, penalty rates, leave entitlements, and procedural fairness in the bargaining process. The Commission had to determine if the agreement met the requirements for "registered" status, ensuring that it did not disadvantage employees and was the product of genuine and fair bargaining.

The Commission examined the application and supporting documentation, including evidence of the bargaining process and the content of the agreement. It concluded that the agreement was fair and did not unfairly disadvantage any party, and that the bargaining process was genuine and in compliance with the legislative requirements. The Commission approved the Joyce Krane Enterprise Agreement (South WA) 2024, recognising it as a registered agreement that would apply to the employees of the applicant from the specified commencement date.

As a result, the Commission issued an order approving the Joyce Krane Enterprise Agreement (South WA) 2024, effective from the date specified in the agreement. The agreement was registered, and the Commission directed that it would be applicable to the employees covered by the agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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