Cleary Bros (Bombo) Pty Ltd T/A Cleary Bros

[2023] FWCA 1713

[2023] FWCA 1713

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

(AG2023/1703)

APPLICATION FOR APPROVAL OF THE CLEARY BROS (BOMBO) PTY LTD WORKSHOP EMPLOYEES ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 14 JUNE 2023

Application for approval of the Cleary Bros (Bombo) Pty Ltd Workshop Employees Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the CLEARY BROS (BOMBO) PTY LTD WORKSHOP 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 T/A Cleary Bros. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. The Agreement lodged with the Fair Work Commission did not reference several clauses in the Table of Contents. On 13 June 2023, the Applicant filed an amended Table of Contents page rectifying the error, and explaining that the omission occurred due to a formatting error. I am satisfied employees covered by the Agreement were not likely to have been disadvantaged by the error and that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) of the Act, I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2023. The nominal expiry date of the Agreement is 30 November 2025.

COMMISSIONER

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