J&S Engineering And Maintenance Pty Ltd
[2025] FWCA 1134
•2 APRIL 2025
| [2025] FWCA 1134 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
J&S Engineering And Maintenance Pty Ltd
(AG2025/755)
J & S ENGINEERING & MAINTENANCE PTY LTD ENTERPRISE AGREEMENT 2025 - 2028
| Manufacturing and associated industries | |
| COMMISSIONER P RYAN | SYDNEY, 2 APRIL 2025 |
Application for approval of the J & S Engineering & Maintenance Pty Ltd Enterprise Agreement 2025 - 2028
J & S Engineering & Maintenance Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the J & S Engineering & Maintenance Pty Ltd Enterprise Agreement 2025 – 2028 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Sections 186, 187 and 188
I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
National Employment Standards
I observe that clause 15.1 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 9 April 2025. The nominal expiry date of the Agreement is 1 May 2028.
Section 218A variation to correct or amend errors, defects or irregularities
Clauses 20.2, 20.8, 20.10 and 20.16 of the Agreement contained erroneous references to clause 19.
After seeking the views of the parties, I am satisfied that these references are obvious errors or defects as contemplated by s.218A and that I should exercise my discretion to amend the Agreement.
Accordingly, clauses 20.2, 20.8, 20.10 and 20.16 of the Agreement are varied as follows:
Clause 20.2: Remove references to “19.1a)”, “19.3” and “19.9” and insert in their place “20.1a)”, “20.3” and “20.9” respectively;
Clause 20.8Remove references to “(19.2)(a)”, “(19.3)” and “(19.5)” and insert in their place “(20.2)(a)”, “(20.3)” and “(20.5)” respectively;
Clause 20.10: Remove references to “19.1(b)”, “19.11” and “19.15” and insert in their place “20.1(b)”, “20.11” and “20.15” respectively; and
Clause 20.16: Remove reference to “19.119.1” and inserting in its place “20.1”.
This variation will operate from 2 April 2025.
COMMISSIONER
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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