Nvc Operations Pty Ltd T/A Bamganie Pets Cremation Service
[2024] FWCA 2799
•30 JULY 2024
| [2024] FWCA 2799 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Nvc Operations Pty Ltd T/A Bamganie Pets Cremation Service
(AG2024/2289)
NVC OPERATIONS BAMGANIE STAFF ENTERPRISE AGREEMENT 2023
| Waste management industry | |
| COMMISSIONER WILSON | MELBOURNE, 30 JULY 2024 |
Application for approval of the NVC Operations Bamganie Staff Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the NVC Operations Bamganie Staff Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nvc Operations Pty Ltd T/A Bamganie Pets Cremation Service. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 18 March 2024 and the Agreement was made on 7 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.
The Transport Workers’ Union of Australia, 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2024. The nominal expiry date of the Agreement is 6 August 2027.
COMMISSIONER
ANNEXURE A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
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