GBE Maintenance Services Pty Ltd

[2023] FWCA 226

[2023] FWCA 226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GBE Maintenance Services Pty Ltd

(AG2022/5181)

GBE ( MMG ROSEBERY CLEANING SERVICES) ENTERPRISE AGREEMENT 2022

Mining industry
COMMISSIONER LEE	MELBOURNE, 23 JANUARY 2023

Application for approval of the GBE ( MMG Rosebery Cleaning Services) Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the GBE ( MMG Rosebery Cleaning 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 GBE Maintenance Services Pty Ltd. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

·Clause 13.1(a) - Annual Leave

·Clause 13.4(a) - Personal Leave

·Clause 13.6(a) - Compassionate Leave

·Clause 13.8(c) - Public Holidays

However, noting undertaking 2, 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 30 January 2023. The nominal expiry date of the Agreement is 23 January 2027.

COMMISSIONER

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Annexure A