Trident Services Cleaning Pty Ltd T/A Trident Services Cleaning

[2024] FWCA 3685

[2024] FWCA 3685

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Trident Services Cleaning Pty Ltd T/A Trident Services Cleaning

(AG2024/3319)

TRIDENT SERVICES CLEANING PTY LTD AND UNITED WORKERS UNION BRISBANE AIRPORT ENTERPRISE AGREEMENT 2024

Cleaning services
COMMISSIONER DURHAM	BRISBANE, 23 OCTOBER 2024

Application for approval of the Trident Services Cleaning Pty Ltd and United Workers Union Brisbane Airport Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Trident Services Cleaning Pty Ltd and United Workers Union Brisbane Airport Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trident Services Cleaning Pty Ltd T/A Trident Services Cleaning (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. 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.

1. I note the undertakings were provided in relation to the following:

• Redundancy – clause 44.5.5

• Correction to the agreement – clause 44.5.8

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

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

• Annual leave (termination of employment) – Clause 29.7.4

• Redundancy – clause 44.5.5

1. However, noting clause 7 of the Agreement and the undertakings provided, 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.

1. The undertaking provided corrects the typographical error at clause 44.5.8. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

1. The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

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