Cleanaway Operations Pty Ltd
[2023] FWCA 1612
•2 JUNE 2023
| [2023] FWCA 1612 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cleanaway Operations Pty Ltd
(AG2023/1273)
CLEANAWAY INDUSTRIAL SERVICES QUEENSLAND ENTERPRISE AGREEMENT 2022
| Industries not otherwise assigned | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 2 JUNE 2023 |
Application for approval of the Cleanaway Industrial Services Queensland Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Cleanaway Industrial Services Queensland Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cleanaway Operations Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 2 June 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisations
The Australian Workers’ Union, and Transport Workers’ Union of Australia, both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.
Model consultation clause
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Conclusion
Subject to the undertakings referred to above, 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.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2023. The nominal expiry date of the Agreement is 1 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE520230 PR762778>
Annexure A
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