JTMEC Pty Ltd

[2020] FWCA 949

[2020] FWCA 949

FAIR WORK COMMISSION

DECISION

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

JTMEC Pty Ltd
(AG2020/53)

JTMEC PTY LTD VIC/TAS ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT LAKE	BRISBANE, 21 FEBRUARY 2020

Application for approval of the JTMEC Pty Ltd VIC/TAS Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the JTMEC Pty Ltd VIC/TAS Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (the Act). It has been made by JTMEC Pty Ltd(the Applicant).

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s 190, 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. The undertakings are taken to be a term of the agreement.

[4] Pursuant to s.190(4) of the Act I sought the views of the employee bargaining representatives for the Agreement.

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

•  Clause 13.2 – Abandonment of Employment

•  Clause 39.4 – Public Holidays

[6] However, noting clause 5.2 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.

[7] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188, as are relevant to this application for approval, have been met.
[8] Accordingly, the Agreement is approved and, in accordance with s 54 of the Act, will operate from 28 February 2020. The nominal expiry date of the Agreement is 21 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A.