Environmental Services Group Pty Ltd
[2023] FWCA 1106
•17 APRIL 2023
| [2023] FWCA 1106 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Environmental Services Group Pty Ltd
(AG2023/739)
TOTAL DRAIN GROUP VICTORIAN ENTERPRISE AGREEMENT 2023
| Waste management industry | |
| COMMISSIONER P RYAN | SYDNEY, 17 APRIL 2023 |
Application for approval of the Total Drain Group Victorian Enterprise Agreement 2023
Environmental Services Group Pty Ltd (Applicant) has made an application for approval of an enterprise agreement known as the Total Drain Group Victorian Enterprise Agreement 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Single Interest Employers
The Agreement is expressed to cover three employers: the Applicant, Bartlett’s Waste Management Pty Ltd and Gavlex Pty Ltd (Employers). Having regard to the materials filed, I am satisfied that the Employers are related bodies corporate (see s.172(5)(b) of the FW Act).
Section 190 Undertakings
The Employers provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met.
Model Flexibility Term
The Agreement does not contain a flexibility term that meets the requirements of s.203 of the FW Act. Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (FW Regulations) is taken to be a term of the Agreement.
Model Consultation Term
The Agreement does not contain a consultation term, as required by s.205(1) of the FW Act. Pursuant to s.205(2) of the FW Act, the model consultation term prescribed by the FW Regulations is taken to be a term of the Agreement.
Section 183 Bargaining representative
The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AWU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 24 April 2023. The nominal expiry date of the Agreement is 24 April 2026.
COMMISSIONER
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Attachment A
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