Cleary Bros (Bombo) Pty Ltd T/A Cleary Bros
[2022] FWCA 270
•1 FEBRUARY 2022
| [2022] FWCA 270 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cleary Bros (Bombo) Pty Ltd T/A Cleary Bros
(AG2021/9133)
Cleary Bros (Bombo) Pty Ltd Quarry Employees Enterprise Agreement 2021
| Quarrying industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 1 FEBRUARY 2022 |
Application for approval of the Cleary Bros (Bombo) Pty Ltd Quarry Employees Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Cleary Bros (Bombo) Pty Ltd Quarry Employees Enterprise Agreement 2021 (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.
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.
I note that Clauses 16.1 and 21.3 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Australian Workers’ Union, 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2022. The nominal expiry date of the Agreement is 1 November 2022.
DEPUTY PRESIDENT
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