Ecolab Pty Ltd T/A Ecolab Pty Ltd
[2025] FWCA 277
•23 JANUARY 2025
| [2025] FWCA 277 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ecolab Pty Ltd T/A Ecolab Pty Ltd
(AG2024/5236)
ECOLAB PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER JOHNS | MELBOURNE, 23 JANUARY 2025 |
Application for approval of the Ecolab Pty Ltd and United Workers Union Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Ecolab Pty Ltd and United Workers Union Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ecolab Pty Ltd T/A Ecolab Pty Ltd. 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.
An assessment of the Agreement has identified three clauses that may be inconsistent with the National Employment Standards (NES). In particular, the terms relating to:
a)Clause 11(c): Withholding monies at termination;
b)Clause 36: Unpaid carer’s leave; and
c)Clause 38: Compassionate leave (entitlement).
Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.
Noting the NES precedence clause (Clause 6), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.
The United 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 30 January 2025. The nominal expiry date of the Agreement is 30 April 2027.
COMMISSIONER
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