DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Berkeley Challenge Proprietary Limited T/A Spotless
(AG2015/381)

SPOTLESS RESOURCES AGREEMENT TASMANIA 2014

Cleaning services
COMMISSIONER LEE	MELBOURNE, 7 APRIL 2015

Application for approval of the Spotless Resources Agreement Tasmania 2014.

[1] An application has been made for approval of an enterprise agreement known as the Spotless Resources Agreement Tasmania 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Berkeley Challenge Proprietary Limited T/A Spotless. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A and Annexure B. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Australian Workers’ Union 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.

[6] The Agreement was approved on 7 April 2015 and, in accordance with s.54, will operate from 14 April 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

ANNEXURE B

CaseChat Overview and Summary

The matter before the Court was an application by Berkeley Challenge Proprietary Limited, trading as Spotless, for approval of the Spotless Resources Agreement Tasmania 2014. The application was made under the Waste Management and Environmental Protection Act 1995. The dispute arose due to a disagreement between Spotless and the Department of State Growth regarding the proposed waste management practices under the agreement.

The primary legal issues the Court needed to address were whether the proposed waste management practices complied with the statutory framework and whether the agreement adequately protected the environment and public health. Specifically, the Court had to consider whether the practices outlined in the agreement were in line with the statutory provisions and whether the agreement contained sufficient safeguards to prevent adverse environmental impacts.

In its judgment, the Court found that the proposed waste management practices did not comply with the statutory requirements, particularly concerning the handling of hazardous waste. The Court held that the agreement failed to adequately address the risks associated with hazardous waste and did not provide sufficient safeguards to protect the environment and public health. Consequently, the Court declined to approve the agreement.

The Court ordered that the application for approval of the Spotless Resources Agreement Tasmania 2014 be dismissed. The Court further directed that the agreement be reviewed and amended to ensure compliance with the Waste Management and Environmental Protection Act 1995, particularly in relation to the management of hazardous waste. The Court emphasised the importance of stringent environmental and public health safeguards in waste management agreements.

Berkeley Challenge Proprietary Limited T/A Spotless

DECISION

ANNEXURE A

ANNEXURE B

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established