JDH Electrical Group Pty Ltd T/A JDH Industrial

[2020] FWCA 5260

[2020] FWCA 5260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

JDH Electrical Group Pty Ltd T/A JDH Industrial
(AG2020/2327)

JDH SERVICES AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER BOOTH	BRISBANE, 1 OCTOBER 2020

Application for approval of the JDH Services Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by JDH Electrical Group Pty Ltd T/A JDH Industrial (the Applicant) for approval of the JDH Services Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 4 September 2020, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed undertakings addressing the concerns raised on 10 September 2020. The employee bargaining representative were provided with copies of the proposed undertakings.

[3] The matter was listed for eHearing at 10:00 am on 1 October 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[4] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 26(e) – Termination; and

•  Clause 27 – Redundancy.

[5] However, noting clause 5 of the Agreement and undertakings provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] It is noted the flexibility term at clause 7 does not appear to be consistent with the requirements of the Act. Accordingly, the model flexibility term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then taken to be a term of the Agreement and are attached to this Decision at Attachment A.

[8] Subject to the matter raised at paragraphs [4] - [7], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval had been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2020. The nominal expiry date is 1 October 2024.

COMMISSIONER

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Attachment A.