JBI Engineering Pty Ltd

[2019] FWCA 7849

[2019] FWCA 7849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBI Engineering Pty Ltd
(AG2019/2923)

AMWU AND JBI METAL ENGINEERING MELBOURNE METRO TUNNEL AND STATIONS PROJECT AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 18 NOVEMBER 2019

Application for approval of the AMWU AND JBI Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the AMWU AND JBI Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JBI Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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 AMWU notified my Chambers by way of email on 17 September 2019 that a clause was inadvertently missed from the Agreement. A Conference was listed before me on 25 September 2019. On 17 October 2019, the AMWU wrote to my Chambers to advise the parties to the Agreement undertake that following the approval of the Agreement, a vote of employees will occur seeking endorsement of the inclusion of the missing clause into the Agreement. If the vote is successful, a variation application will be lodged with the Fair Work Commission seeking to include the missing clause relating to an overtime productivity allowance into the Agreement.

[5] The Agreement is therefore approved and, in accordance with s.54 of the Act, will operate from 25 November 2019. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

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