JOHNSON CONTROLS PTY LTD SYDNEY SERVICE TECHNICIANS ENTERPRISE AGREEMENT 2025-2028

Application for approval of the Johnson Controls Pty Ltd Sydney Service Technicians Enterprise Agreement 2025-2028

[1] An application has been made for approval of an enterprise agreement to be known as the Johnson Controls Pty Ltd Sydney Service Technicians Enterprise Agreement 2025-2028 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Johnson Controls Australia Trading AS Johnson Controls Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Agreement does not contain a delegates' rights term, as required by s. 205A(1) of the Act. The Employer provided an undertaking to address this issue. Pursuant to the undertakings filed by the Employer and s.205A(2) of the Act, the workplace delegates' rights term from the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

[3] Clause 22.2 providing for compassionate leave is silent is relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s.104(1)(c) of the Act. The Employer provided an undertaking to address this issue.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[1] The Employer provided written undertakings to address the concerns identified by the Commission (see paragraphs [2] and [3] of this decision). A copy of these undertakings is attached in Appendix C of the Agreement. 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.

[2] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2025. The nominal expiry date of the Agreement is 23 October 2028.

Printed by authority of the Commonwealth Government Printer