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

Case

[2024] FWCA 721

23 FEBRUARY 2024


[2024] FWCA 721

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

(AG2024/338)

AMWU AND JBI ENGINEERING PTY LTD METAL ENGINEERING MELBOURNE METRO TUNNEL AND STATIONS PROJECT AGREEMENT 2023 - 2025

Building, metal and civil construction industries

COMMISSIONER TRAN

MELBOURNE, 23 FEBRUARY 2024

Application for approval of the AMWU AND JBI Engineering Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2023 - 2025

  1. JBI Engineering Pty Ltd ATF The J Bailey Family Trust T/A JBI Engineering Pty Ltd has applied for approval of an enterprise agreement known as the AMWU AND JBI Engineering Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2023 - 2025 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

  1. The Agreement is a single enterprise agreement.

  1. 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.

  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 Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 1 March 2024.

  1. In accordance with Clause 6.2, the nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER

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