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

[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

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).

The Agreement is a single enterprise agreement.

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.

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.

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.

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

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

JBI Engineering Pty Ltd, trading as JBI Engineering Pty Ltd, applied to the Fair Work Commission for approval of a new enterprise agreement, the AMWU and JBI Engineering Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2023 - 2025. The Australian Manufacturing Workers' Union (AMWU) represented the employees. The dispute arose from negotiations over the terms of employment and conditions of work for employees involved in the Melbourne Metro Tunnel and Stations Project. The Fair Work Commission was the body tasked with reviewing and approving the agreement.

The central legal issues the Commission had to decide included whether the agreement complied with the Fair Work Act 2009, specifically in terms of its fairness and procedural correctness. The Commission examined whether the agreement met the 'better off overall test', ensuring that employees were not worse off financially. Additionally, the Commission assessed whether the agreement adhered to the procedural fairness requirements, including adequate consultation and notice to employees.

The Commission found that the agreement was fair and met the 'better off overall test'. It concluded that the AMWU had acted appropriately in negotiating the agreement, and that the terms of the agreement were fair and reasonable. The Commission also determined that the procedural fairness requirements were met, with appropriate consultation and notice given to the employees. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the AMWU and JBI Engineering Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2023 - 2025, deeming it compliant with the Fair Work Act 2009. The agreement was to be implemented and would govern the employment terms and conditions of the employees involved in the Melbourne Metro Tunnel and Stations Project for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established