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

[2023] FWCA 524

[2023] FWCA 524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/213)

Cleary Bros (Bombo) Pty Ltd Concrete Batch Plant Operators Enterprise Agreement 2022

Cement and concrete products
COMMISSIONER MIRABELLA	MELBOURNE, 20 FEBRUARY 2023

Application for approval of the Cleary Bros (Bombo) Pty Ltd Concrete Batch Plant Operators Enterprise Agreement 2022.

1. Cleary Bros (Bombo) Pty Ltd T/A Cleary Bros (the Employer) has made an application for approval of an enterprise agreement known as the Cleary Bros (Bombo) Pty Ltd Concrete Batch Plant Operators Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

1. Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

1. The Agreement was approved on 20 February 2023 and, in accordance with s.54, will operate from 27 February 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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Annexure A