Menzies International, Australia Pty Ltd

[2018] FWCA 6308

[2018] FWCA 6308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menzies International, Australia Pty Ltd
(AG2018/1925)

MENZIES/ CFMEU AGREEMENT 2018

Cleaning services
COMMISSIONER LEE	MELBOURNE, 11 OCTOBER 2018

Application for approval of the Menzies / CFMEU Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Menzies / CFMEU Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Menzies International, Australia Pty Ltd. 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.

[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] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 7.2 and 19.2 – Annual Leave
● Clause 19.8 – Compassionate Leave

However, noting clause 19.1 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.

[5] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2018. The nominal expiry date of the Agreement is 1 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE500415 PR701224>

Annexure A