Environmental Services Group Pty Ltd T/A Environmental Services Group

[2019] FWCA 7742

[2019] FWCA 7742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Environmental Services Group Pty Ltd T/A Environmental Services Group
(AG2019/3957)

ENVIRONMENTAL SERVICES GROUP PTY LTD (ESG) ENTERPRISE AGREEMENT 2019

Waste management industry
COMMISSIONER LEE	MELBOURNE, 12 NOVEMBER 2019

Application for approval of the Environmental Services Group Pty Ltd (ESG) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Environmental Services Group Pty Ltd (ESG) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Environmental Services Group Pty Ltd T/A Environmental Services Group. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 64 – Redundancy

However, noting the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2019. The nominal expiry date of the Agreement is 18 November 2022.

COMMISSIONER

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Annexure A