Cleanaway Operations Pty Ltd
[2022] FWCA 4264
•5 DECEMBER 2022
| [2022] FWCA 4264 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Cleanaway Operations Pty Ltd
(AG2022/4813)
Cleanaway Industrial Services Wollongong Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 5 DECEMBER 2022 |
Application for approval of the Cleanaway Industrial Services Wollongong Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Cleanaway Industrial Services Wollongong 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.
Coverage of employee organisation(s)
The Australian Workers’ Union, 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.
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
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 12 December 2022. The nominal expiry date of the Agreement is 17 February 2025.
DEPUTY PRESIDENT
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