Joyce Krane Australia Pty Ltd T/A Joyce Krane

[2024] FWCA 553

[2024] FWCA 553

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Joyce Krane Australia Pty Ltd T/A Joyce Krane

(AG2024/143)

JOYCE KRANE ENTERPRISE AGREEMENT (NSW) 2023

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 12 FEBRUARY 2024

Application for approval of the Joyce Krane Enterprise Agreement (NSW) 2023

1. Joyce Crane Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Joyce Krane Enterprise Agreement (NSW) 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).  The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (the Amending Act) made several changes to enterprise agreement approval processes in Part 2-4 of the Act, which commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the

Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was 12 January 2023.

1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. I note that clause 26.7 of the Agreement states on the termination of employment, the Employee must return all Employer property prior to receiving any final payments. This appears to be more restrictive than section 117 of the Act for Notice of Termination which does not impose this restriction on employees. Additionally, clause 26.8 of the Agreement provides an abandonment clause. This clause does not specifically provide that employees deemed to have abandoned their employment in accordance with this clause will be afforded their minimum notice of termination entitlement as per s.117(3) of the Act. However, I am satisfied that under clause 4.3 of the Agreement, the more beneficial entitlements of the National Employment Standards (NES) will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement was approved on 12 February 2024 and, in accordance with s 54, will operate from 19 February 2024. The nominal expiry date of the Agreement is 12 February 2028.

COMMISSIONER

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ANNEXURE A