Johnson Controls Australia Pty Ltd T/A Johnson Controls Australia

[2020] FWCA 3158

[2020] FWCA 3158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Johnson Controls Australia Pty Ltd T/A Johnson Controls Australia
(AG2020/1487)

JOHNSON CONTROLS PTY LIMITED ENTERPRISE AGREEMENT 2019-2023

Manufacturing and associated industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 16 JUNE 2020

Application for approval of the Johnson Controls Pty Limited Enterprise Agreement 2019-2023.

[1] An application has been made for the approval of an enterprise agreement known as the Johnson Controls Pty Limited Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Johnson Controls Australia Pty Ltd T/A Johnson Controls Australia (the Applicant). The Agreement is a single enterprise agreement.

[2] The application is generally in order, however I note that it was not made within 14 days after the Agreement was made. Nevertheless, the Applicant has satisfied me that in all the circumstances, it is fair to extend that period to 27 May 2020, when the application was made. 1

[3] The Agreement does not cover all of the employees of the Applicant, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[4] On the basis of the material contained in the application, accompanying statutory declaration and email in response to my concerns dated 16 April 2020, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54, will operate from 23 June 2020. The nominal expiry date of the Agreement is 24 June 2023.

DEPUTY PRESIDENT

 1 Section 185(3)(b) of the Fair Work Act 2009.

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