Metropolitan Waste and Resource Recovery Group

[2022] FWCA 1324

[2022] FWCA 1324

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a multi-enterprise agreement

Metropolitan Waste and Resource Recovery Group

(AG2022/972)

Metropolitan and Regional Waste and Resource Recovery Groups Agreement 2022

State and Territory government administration
COMMISSIONER O'NEILL	MELBOURNE, 14 APRIL 2022

Application for the approval of Metropolitan and Regional Waste and Resource Recovery Groups Agreement 2022

1. Metropolitan Waste and Resource Recovery Group has applied for approval of an enterprise agreement known as the Metropolitan and Regional Waste and Resource Recovery Groups Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a multi-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. 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.

1. The Australian Municipal, Administrative, Clerical and Services 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.

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

·           Clause 12.6.5(b) – Right to request casual conversion;

·           Clause 39.8 – Annual Leave;

·           Clause 40 – Public Holidays; and

·           Clause 41.6 – Casual employees – Caring responsibilities and community.

However, noting clause 6.2 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 21 April 2022. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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