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

[2024] FWCA 739

[2024] FWCA 739

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/292)

AMWU AND JBI ENGINEERING PTY LTD METAL ENGINEERING NORTH EAST LINK PROJECT AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 27 FEBRUARY 2024

Application for approval of the AMWU and JBI Engineering Pty Ltd Metal Engineering North East Link Project Agreement 2023 - 2026.

1. JBI Engineering Pty Ltd ATF The J Bailey Family Trust T/A JBI Engineering Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the AMWU and JBI Engineering Pty Ltd Metal Engineering North East Link Project Agreement 2023 - 2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 18 December 2023 and the Agreement was made on 31 January 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. 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 FW Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 27 February 2024 and, in accordance with s.54, will operate from 5 March 2024. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

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