Cleary Bros (Bombo) Pty Ltd

[2019] FWCA 2862

[2019] FWCA 2862

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleary Bros (Bombo) Pty Ltd
(AG2018/7371)

CLEARY BROS (BOMBO) PTY LTD TRANSPORT EMPLOYEES ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 APRIL 2019

Application for approval of the Cleary Bros (Bombo) Pty Ltd Transport Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cleary Bros (Bombo) Pty Ltd Transport Employees Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Cleary Bros (Bombo) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Transport Workers’ Union of Australia (TWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2019. The nominal expiry date of the Agreement is 1 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE503123  PR707477>
Annexure A