Corio Waste Management Pty Ltd T/A Corio Waste Management
[2022] FWCA 1243
•7 APRIL 2022
| [2022] FWCA 1243 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Corio Waste Management Pty Ltd T/A Corio Waste Management
(AG2022/963)
Corio Waste Management Pty Ltd Enterprise Agreement 2022
| Waste management industry | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 7 APRIL 2022 |
Application for the approval of Corio Waste Management Pty Ltd Enterprise Agreement 2022
Corio Waste Management Pty Ltd T/A Corio Waste Management (the Applicant) has made an application for approval of an enterprise agreement known as the Corio Waste Management Pty Ltd Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 5 April 2022.
On 5 April 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:
· Chambers requested a Form F18 from the Transport Workers’ Union of Australia (TWU) if it desired to be covered by the Agreement.
· Chambers sought and received copies of voting materials sent to employees to ensure agreement pre-approval requirements regarding the provision of the NERR, notice of vote and the provision of the agreement were met.
· Clause 8.21 regarding casual conversion and clause 18.6(b) regarding personal/carer’s leave may be inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 4.2 is deemed sufficient to resolve these NES concerns.
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) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 7 April 2026.
COMMISSIONER
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