Cleanaway Operations Pty Ltd
[2023] FWCA 1062
•12 APRIL 2023
| [2023] FWCA 1062 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cleanaway Operations Pty Ltd
(AG2023/750)
CLEANAWAY SEMTS & MRL ENTERPRISE AGREEMENT 2022
| Waste management industry | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 12 APRIL 2023 |
Application for approval of the Cleanaway SEMTS & MRL Enterprise Agreement 2022
An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Cleanaway SEMTS & MRL Enterprise Agreement 202 (Agreement).
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.
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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 15 – Casual conversion; and
· Clause 35.3 – Compassionate leave.
However, noting clause 5.1 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
.
The Australian Workers’ Union and the Transport Workers’ Union being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 April 2023. The nominal expiry date of the Agreement is 12 April 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519722 PR761045>
0
0
0