Jfk Interiors Australia Pty Ltd
[2023] FWCA 172
•19 JANUARY 2023
| [2023] FWCA 172 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Jfk Interiors Australia Pty Ltd
(AG2022/5529)
JFK INTERIORS AUSTRALIA PTY LTD AND CFMMEU MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2022-2025
| Manufacturing and associated industries | |
| COMMISSIONER YILMAZ | MELBOURNE, 19 JANUARY 2023 |
Application for approval of the Jfk Interiors Australia Pty Ltd and CFMMEU Manufacturing Division Enterprise Agreement 2022-2025
An application has been made for approval of an enterprise agreement known as the Jfk Interiors Australia Pty Ltd and CFMMEU Manufacturing Division Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jfk Interiors Australia Pty Ltd. The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The CFMMEU 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, will operate from 26 January 2023. The nominal expiry date of the Agreement is 31 October 2025.
COMMISSIONER
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Annexure A
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