Total Drain Cleaning Services Pty Ltd T/A Total Drain Group Pty Ltd
[2024] FWCA 3632
•18 OCTOBER 2024
| [2024] FWCA 3632 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Total Drain Cleaning Services Pty Ltd T/A Total Drain Group Pty Ltd
(AG2024/3659)
TOTAL DRAIN GROUP (NEW SOUTH WALES) ENTERPRISE AGREEMENT 2024
| Water, sewerage and drain services industry | |
| COMMISSIONER CRAWFORD | SYDNEY, 18 OCTOBER 2024 |
Application for approval of the Total Drain Group (New South Wales) Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Total Drain Group (New South Wales) Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Total Drain Cleaning Services Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AWU.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 25 October 2026.
COMMISSIONER
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