Cleary Bros (Bombo) Pty Ltd

[2019] FWCA 5276

[2019] FWCA 5276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleary Bros (Bombo) Pty Ltd
(AG2019/2225)

CLEARY BROS (BOMBO) PTY LTD QUARRY EMPLOYEES ENTERPRISE AGREEMENT 2018

Quarrying industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 30 JULY 2019

Application for approval of the Cleary Bros (Bombo) Pty Ltd Quarry Employees Enterprise Agreement 2018.

[1] Cleary Bros (Bombo) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Cleary Bros (Bombo) Pty Ltd Quarry Employees Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 30 July 2019 and, in accordance with s 54, will operate from 6 July 2019. The nominal expiry date of the Agreement is 1 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE504655  PR710818>

Annexure A