JBM Solutions Pty Ltd Summary

[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

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.

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

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application for approval of an enterprise agreement between JBM Solutions Pty Ltd and its employees, represented by the Electrical Trades Union of Australia. The agreement was to cover employees employed under various awards and was made under the Fair Work Act 2009. The Electrical Trades Union of Australia opposed the application, arguing that the agreement did not meet the “better off overall test” and contained provisions that were not in the best interests of employees.

The Commission was required to determine whether the agreement met the statutory requirements for approval, including compliance with the “better off overall test” and whether it contained appropriate terms and conditions of employment. The Commission also needed to assess whether the agreement was made in good faith and without coercion and if it provided for the proper operation of businesses.

The Commission found that the agreement did meet the “better off overall test” as employees would be better off overall if the agreement was approved. The Commission noted that the agreement provided for a range of benefits, including wage increases, improved leave provisions, and better working conditions. The Commission also found that the agreement was made in good faith and without coercion and provided for the proper operation of businesses. The Commission approved the agreement, subject to minor amendments to ensure compliance with the Act.

The Commission ordered that the agreement be approved, subject to the minor amendments. The Commission also ordered that the agreement be registered with the Fair Work Commission and that copies of the agreement be provided to the parties and their employees. The Commission noted that the agreement provided for a fair and reasonable outcome for both employers and employees and was in the best interests of the parties involved.

JBM Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established