Cleanaway Operations Pty Ltd
[2019] FWCA 1192
•28 FEBRUARY 2019
| [2019] FWCA 1192 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cleanaway Operations Pty Ltd
(AG2018/5302)
CLEANAWAY INDUSTRIAL SERVICES GLADSTONE ALUMINIUM OPERATORS ENTERPRISE AGREEMENT 2018
Manufacturing and associated industries | |
DEPUTY PRESIDENT MASSON | MELBOURNE, 28 FEBRUARY 2019 |
Application for approval of the Cleanaway Industrial Services Gladstone Aluminium Operators Enterprise Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Industrial Services Gladstone Aluminium Operators Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cleanaway Operations Pty Ltd. The Agreement is a single enterprise agreement.
[2] The Employer 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.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[4] The Agreement lodged contained an error at Clause 16. On 20 February 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2019. The nominal expiry date of the Agreement is 13 August 2021.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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