DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2019/2492)

CLEANAWAY SOLIDS WASTE SERVICES SOUTHERN ADEALIDE ENTERPRISE AGREEMENT 2019

Waste management industry
COMMISSIONER PLATT	ADELAIDE, 25 JULY 2019

Application for approval of the Cleanaway Solids Waste Services Southern Adelaide Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Solids Waste Services Southern Adelaide Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cleanaway Operations Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 July 2019.

[3] In reviewing clause 20.7 of the Agreement, which relates to annual leave loading, I note that its operation is inconsistent with s.90(2) of the Act. However, I consider that this issue is resolved by the operation of clause 4.2(d), which provides a National Employment Standards (NES) precedence, causing the NES to apply to the extent of any inconsistency with the Agreement.

[4] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd sought approval for the Cleanaway Solids Waste Services Southern Adelaide Enterprise Agreement 2019 in the Fair Work Commission. The application involved assessing the agreement's compliance with the Fair Work Act 2009 and determining whether it should be approved and registered. The main issues revolved around whether the agreement met the legal requirements for enterprise agreements, including procedural fairness, the parties' intent, and the content of the agreement itself.

The Fair Work Commission examined the process by which the agreement was negotiated and whether the parties had genuinely bargained for the terms. Additionally, the court considered whether the agreement provided for a safety net of minimum entitlements and whether it was free from any illegality or unfairness. The commission found that the negotiation process had been procedurally fair and that the agreement was made in good faith by the parties. The content of the agreement was also reviewed to ensure it did not undermine the safety net provisions or contain any illegal provisions.

Consequently, the Fair Work Commission approved and registered the Cleanaway Solids Waste Services Southern Adelaide Enterprise Agreement 2019. The decision was based on the evidence presented that the agreement was fairly negotiated, provided for minimum entitlements, and did not contain any illegal content. The approval and registration of the agreement signified that it would now be a legally binding contract between the employer and the employees covered by the agreement.

Cleanaway Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established