Flick Anticimex Pty Ltd

Case

[2022] FWCA 2556

28 JULY 2022


[2022] FWCA 2556

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Flick Anticimex Pty Ltd

(AG2022/2451)

Flick Hygiene Services Enterprise Agreement 2022

Waste management industry

COMMISSIONER LEE

MELBOURNE, 28 JULY 2022

Application for approval of the Flick Hygiene Services Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Flick Hygiene Services Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flick Anticimex Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 26.7 – Notice of Termination of Employment.

·   Clause 45.7.3 – Personal/Carer’s Leave.

·   Clause 57.2 – Return of Company Property.

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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