Cleary Bros (Bombo) Pty Ltd T/A Cleary Bros
[2023] FWCA 2042
•4 JULY 2023
| [2023] FWCA 2042 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Cleary Bros (Bombo) Pty Ltd T/A Cleary Bros
(AG2023/2162)
CLEARY BROS (BOMBO) PTY LTD QUARRY EMPLOYEES ENTERPRISE AGREEMENT 2022
| Quarrying industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 4 JULY 2023 |
Application for approval of the Cleary Bros (Bombo) Pty Ltd Quarry Employees Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Cleary Bros (Bombo) Pty Ltd Quarry Employees Enterprise Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met.
I note that clause 6.2 of the Agreement provides that where there is an inconsistency between the Agreement and the National Employment Standards (NES) and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.
The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU. Both the Applicant and the AWU expressed the view that the Agreement passes the better off overall test.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 November 2025.
DEPUTY PRESIDENT
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