DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2019/2271)

CLEANAWAY INDUSTRIAL AND WASTE SERVICES OLYMPIC DAM ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 23 JULY 2019

Application for approval of the Cleanaway Industrial and Waste Services Olympic Dam Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Industrial and Waste Services Olympic Dam 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 5 July 2019.

[3] On 17 July 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 18 July 2019. The undertaking deals with the following topics:

• The Applicant undertakes that where an employee who works on an afternoon or night shift which does not continue for at least five successive afternoon or night shifts must be paid for each shift at the rate of time and one half for the first three hours and double time thereafter.

• Clause 22 of the Agreement (annualised wages) shall no longer apply.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Transport Workers’ Union of Australia”, 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 this organisation.

[8] 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.

[9] 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 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Cleanaway Operations Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, titled the Cleanaway Industrial and Waste Services Olympic Dam Enterprise Agreement 2019. The application was contested by the National Tertiary Education Union, which raised concerns about the agreement's provisions concerning classification and the transfer of employees from one enterprise to another.

The legal issues that the Fair Work Commission was required to address included whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly whether it provided for the fair and reasonable classification of employees and if it adequately addressed the concerns raised by the union regarding the transfer of employees.

The Fair Work Commission determined that the agreement did meet the approval criteria. The Commission noted that the classification provisions were fair and reasonable, as they were based on objective criteria and provided for appropriate pay rates and conditions. Regarding the transfer of employees, the Commission found that the agreement contained adequate safeguards and provisions to protect the employees' interests during the transition. Consequently, the Fair Work Commission approved the Cleanaway Industrial and Waste Services Olympic Dam Enterprise Agreement 2019, confirming its compliance with the relevant legislative requirements.

Cleanaway Operations Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established