JBI Engineering Pty Ltd ATF The J Bailey Bailey Family Trust T/A JBI Engineering Pty Ltd

Case

[2023] FWCA 1670

8 JUNE 2023


[2023] FWCA 1670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JBI Engineering Pty Ltd ATF The J Bailey Bailey Family Trust T/A JBI Engineering Pty Ltd

(AG2023/1671)

AMWU & JBI ENGINEERING PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries

COMMISSIONER MIRABELLA

MELBOURNE, 8 JUNE 2023

Application for approval of the AMWU & JBI Engineering Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026.

  1. An application has been made for approval of a greenfields agreement known as the AMWU & JBI Engineering Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026 (Agreement). The application was made by JBI Engineering Pty Ltd ATF The J Bailey Bailey Family Trust pursuant to s.185 of the Fair Work Act 2009 (Act).

  1. The Agreement meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of sections 186 and 187 of the Act, as are relevant to this application for approval, have been met. In accordance with s.187(5)(a), I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

  1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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