DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cleanaway Operations PL T/A Cleanaway
(AG2019/2844)

CLEANAWAY INDUSTRIAL & WASTE SERVICES WOLLONGONG ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 27 AUGUST 2019

Application for approval of the Cleanaway Industrial & Waste Services Wollongong Enterprise Agreement 2019.

[1] An application has been filed by Cleanaway Operations PL T/A Cleanaway(the Employer) for the approval of an enterprise agreement known as the Cleanaway Industrial & Waste Services Wollongong Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] 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.

[3] The Australian Workers’ Union (AWU), 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) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 17 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Cleanaway Operations PL T/A Cleanaway, sought approval of the Cleanaway Industrial & Waste Services Wollongong Enterprise Agreement 2019, from the Fair Work Commission. The agreement was intended to regulate the terms and conditions of employment for employees within the Wollongong region. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement had been made in accordance with the requirements of the Fair Work Act and whether it complied with the provisions of the Act that govern the making of enterprise agreements.

The Commission considered the evidence presented by the applicants and determined that the agreement had been made in accordance with the provisions of the Act. The Commission noted that the agreement had been negotiated in good faith and that the applicants had provided sufficient evidence to demonstrate that the agreement had been agreed upon by the relevant employees. The Commission also found that the agreement complied with the provisions of the Act that govern the making of enterprise agreements, including the requirement that the agreement provide for a safety net of minimum terms and conditions. The Commission was satisfied that the agreement provided for a safety net of minimum terms and conditions that were no less favourable than the applicable national workplace determination.

Accordingly, the Fair Work Commission approved the Cleanaway Industrial & Waste Services Wollongong Enterprise Agreement 2019. The Commission noted that the agreement provided for a range of terms and conditions that were beneficial to both the applicants and the employees, including provisions for wages, leave, and other employment-related matters. The Commission was satisfied that the agreement was in the best interests of the employees and that it met the requirements of the Act. The applicants were authorised to proceed with the implementation of the agreement, subject to any further orders that the Commission may make in relation to the agreement.

Cleanaway Operations PL T/A Cleanaway

DECISION

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Background to the litigation

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Legal Principle Established