Environmental Services Group Pty Ltd

[2015] FWCA 7930

[2015] FWCA 7930

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Environmental Services Group Pty Ltd
(AG2015/5872)

ENVIRONMENTAL SERVICES GROUP PTY LTD ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 18 NOVEMBER 2015

Application for approval of the Environmental Services Group Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Environmental Services Group Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Environmental Services Group Pty Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement. A copy of the model consultation term was filed with the Agreement and is attached to the Agreement.

[3] On 12 November 2015 an undertaking was provided by Mr Heath Keenan, the Company’s Managing Director, in relation to long service leave, community service leave, requests for flexible working arrangements and superannuation. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 25 November 2015. The nominal expiry date is 30 June 2017.

COMMISSIONER

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Annexure A