Newcastle Recycling Pty Ltd
[2023] FWCA 2999
•18 SEPTEMBER 2023
| [2023] FWCA 2999 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Newcastle Recycling Pty Ltd
(AG2023/3125)
MILLEEN GROUP ENTERPRISE AGREEMENT 2023 – 2027
| Building, metal and civil construction industries | |
| COMMISSIONER CRAWFORD | SYDNEY, 18 SEPTEMBER 2023 |
Application for approval of the Milleen Group Enterprise Agreement 2023 - 2027
An application has been made for approval of an enterprise agreement known as the Milleen Group Enterprise Agreement 2023 – 2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Newcastle Recycling Pty Ltd (the Applicant).
The Agreement covers the Applicant, Milleen Constructions Pty Ltd and Integrated Foundation Solutions Pty Ltd. I am satisfied the three companies are related bodies corporate, thereby falling within the definition of “related employers” in s.172(5A) and are able to make a single-enterprise agreement pursuant to s.172(2) of the Act.
I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.
Noting clause 3.4.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 18 September 2027.
COMMISSIONER
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