Cleary Bros (Bombo) Pty Ltd
[2022] FWCA 4206
•30 NOVEMBER 2022
| [2022] FWCA 4206 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cleary Bros (Bombo) Pty Ltd
(AG2022/4790)
Cleary Bros (Bombo) Pty Ltd Transport Employees Enterprise Agreement 2021
| Building services | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 30 NOVEMBER 2022 |
Application for approval of the Cleary Bros (Bombo) Pty Ltd Transport Employees Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Cleary Bros (Bombo) Pty Ltd Transport Employees Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cleary Bros (Bombo) Pty Ltd. The Agreement is a single enterprise agreement.
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. The undertakings are taken to be a term of the agreement.
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.
I observe that clause 36.5 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Transport Workers’ Union of Australia, 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2022. The nominal expiry date of the Agreement is 1 October 2026.
DEPUTY PRESIDENT
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Annexure A
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