City Circle Recycling Pty. Ltd. T/A City Circle Recycling Pty. Ltd.

[2024] FWCA 4436

[2024] FWCA 4436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

City Circle Recycling Pty. Ltd. T/A City Circle Recycling Pty. Ltd.

(AG2024/4471)

CITY CIRCLE RECYCLING AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 12 DECEMBER 2024

Application for approval of the City Circle Recycling & AWU Enterprise Agreement 2024-2027

1. City Circle Recycling Pty. Ltd. T/A City Circle Recycling Pty. Ltd. (the Employer) has made an application for approval of an enterprise agreement known as the City Circle Recycling Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 28 June 2028 and the Agreement was made on 7 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

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

1. Pursuant to s.205A(2) of the FW Act, the workplace delegates’ rights term prescribed by the Building and Construction General Onsite Award 2010 is taken to be a term of the Agreement.

1. The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s 183 of the FW Act that it wants the Agreement to cover it. In accordance with s 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

1. The Agreement was approved on 12 December 2024 and, in accordance with s.54, will operate from 19 December 2024. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

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