JBM Solutions Pty Ltd

Case

[2023] FWCA 2526

11 AUGUST 2023


[2023] FWCA 2526

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JBM Solutions Pty Ltd

(AG2023/2605)

JBM SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2023

Electrical contracting industry

COMMISSIONER CRAWFORD

SYDNEY, 11 AUGUST 2023

Application for approval of the JBM Solutions Pty Ltd Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the JBM Solutions Pty Ltd Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JBM Solutions Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

  1. Noting clause 8.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES. This clause will have work to do at least in relation to clause 33, because the clause does not reflect that the compassionate leave entitlements are applicable in cases of miscarriage or stillbirth as per the NES.

  1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 11 August 2027.


COMMISSIONER

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<AE521091  PR765118>

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