DECISION

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

The Australian Workers' Union
(AG2015/2666)

JALCO AUSTRALIA PTY LIMITED ENTERPRISE BARGAINING AGREEMENT (LIVERPOOL) 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 MAY 2015

Application for approval of the Jalco Australia Pty Limited Enterprise Bargaining Agreement (Liverpool) 2015.

[1] An application has been made for approval of an enterprise agreement known as the Jalco Australia Pty Limited Enterprise Bargaining Agreement (Liverpool) 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by The Australian Workers’ Union. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 May 2015. The nominal expiry date of the Agreement is 31 January 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union applied to the Fair Work Commission for approval of the Jalco Australia Pty Limited Enterprise Bargaining Agreement (Liverpool) 2015. The agreement was to apply to employees working in the construction industry and covered various aspects of employment, including wages, conditions, and dispute resolution mechanisms. The application was contested by the employer, who raised concerns about certain provisions of the agreement.

The legal issues before the Fair Work Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for the "better off overall test" and whether it was made in good faith and without coercion. The Commission had to consider the arguments of both parties and assess whether the agreement met the necessary criteria for approval.

The Fair Work Commission found that the agreement did meet the requirements for approval. The Commission considered the evidence presented by both parties and concluded that the agreement provided for the better off overall test and was made in good faith and without coercion. The Commission noted that the agreement provided for a range of benefits for employees, including wage increases and improved working conditions, and that these benefits outweighed any potential disadvantages. The Commission also found that the agreement was consistent with relevant industry awards and did not undermine the principles of the Fair Work Act.

The Fair Work Commission approved the Jalco Australia Pty Limited Enterprise Bargaining Agreement (Liverpool) 2015, subject to certain conditions. The employer was required to provide the Commission with certain information and documentation in the future, to ensure ongoing compliance with the agreement. The decision of the Commission is a reminder of the importance of ensuring that enterprise bargaining agreements meet the necessary legal requirements, and that both parties must act in good faith and without coercion in the bargaining process.

The Australian Workers' Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established