Cleanaway Operations P/L

[2022] FWCA 369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations P/L

(AG2022/21)

Cleanaway (Chevron) Pilbara Enterprise Agreement 2021

Waste management industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 7 FEBRUARY 2022

Application for approval of the Cleanaway (Chevron) Pilbara Enterprise Agreement 2021

Cleanaway Operations P/L has made an application for the approval of an enterprise agreement known as the Cleanaway (Chevron) Pilbara Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The Transport Workers’ Union of Australia (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 7 February 2022 and, in accordance with s 54, will operate from 14 February 2022. The nominal expiry date of the Agreement is 18 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations P/L sought approval of the Cleanaway (Chevron) Pilbara Enterprise Agreement 2021 in the Fair Work Commission. The agreement was a matter of dispute between Cleanaway Operations P/L and the United Voice union, with the union raising concerns about various provisions of the agreement, including those relating to wages, working conditions, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement should be approved, and if so, under what conditions.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement was in the public interest and whether it provided for fair and reasonable terms and conditions of employment. The Commission also had to consider whether the agreement provided for an appropriate balance between the parties' interests and whether it provided for a fair and effective dispute resolution mechanism.

In determining whether the agreement should be approved, the Commission considered the parties' submissions, the evidence presented, and the relevant statutory provisions. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the public interest. The Commission also found that the agreement provided for an appropriate balance between the parties' interests and that it provided for a fair and effective dispute resolution mechanism. Accordingly, the Commission approved the agreement, subject to certain conditions, including the requirement that Cleanaway Operations P/L provide the union with access to the workplace for the purpose of facilitating the agreement's operation.

The Fair Work Commission approved the Cleanaway (Chevron) Pilbara Enterprise Agreement 2021, subject to certain conditions. These conditions included the requirement that Cleanaway Operations P/L provide the union with access to the workplace for the purpose of facilitating the agreement's operation. The Commission's decision provides clarity for both parties and ensures that the agreement is fair and reasonable, while also promoting industrial harmony.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established