Johnson Controls Australia Pty Ltd

[2016] FWCA 8276

[2016] FWCA 8276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Johnson Controls Australia Pty Ltd
(AG2016/5163)

JOHNSON CONTROLS PTY LIMITED ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Johnson Controls Pty Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Johnson Controls Pty Limited Enterprise Agreement 2016 (the Agreement). The application is made under s.185 of the Fair Work Act 2009 (the Act) by Johnson Controls Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] After reviewing the application, and the terms and conditions contained in the proposed Agreement, the Commission sought clarification about certain matters. These included the processes involved in making the Agreement. An issue was also raised about the entitlements of shift workers. The Applicant has provided responses about these matters, and also indicated that the business does not employ shift workers at this time and has no intention of doing so in the future.

[3] In addition, the individual flexibility term contained in clause 28 of the Agreement does not comply with the requirements of s.203(7) of the Act in that it does not require the employer to ensure that a copy of any individual flexibility agreement that has been agreed to, is given to the employee within 14 days. Therefore, in accordance with.202(4) of the Act the model flexibility term set out in schedule 2.2 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I am otherwise satisfied that each of the requirements in ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2016. The nominal expiry date of the Agreement is 25 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE422237  PR587658>