Sunfresh Services Pty Ltd

[2022] FWCA 4479

[2022] FWCA 4479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Sunfresh Services Pty Ltd

(AG2022/3871)

Sunfresh Employee Agreement 2021

Dry cleaning and laundry services
COMMISSIONER SPENCER	BRISBANE, 19 DECEMBER 2022

Application for approval of the Sunfresh Employee Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the Sunfresh Employee Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunfresh Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. Submissions and modelling were received from the Applicant regarding the pre-approval requirements and BOOT issues. These submissions resolved the outstanding issues with the Agreement.  

1. Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2022. The nominal expiry date of the Agreement is 26 December 2026.

COMMISSIONER

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