DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2019/1066)

CLEANAWAY SOLID WASTE SERVICES ADELAIDE URBAN AND SURROUNDS AND RIVERLAND ENTERPRISE AGREEMENT 2018

Waste management industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 12 JULY 2019

Application for approval of the Cleanaway Solid Waste Services Adelaide Urban and Surrounds and Riverland Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Adelaide Urban and Surrounds and Riverland Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cleanaway Operations Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2019. The nominal expiry date of the Agreement is 30 September 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Full Bench of the Fair Work Commission sought approval of the Cleanaway Solid Waste Services Adelaide Urban and Surrounds and Riverland Enterprise Agreement 2018. The applicant, Cleanaway Operations Pty Ltd, is an employer within the waste services industry, and the respondent, the National Tertiary Education Industry Union, represents the employees. The dispute centred around the procedural fairness of the agreement process, including whether the employer had adequately consulted with the employees and whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues primarily revolved around whether the employer had complied with the necessary consultation requirements and whether the agreement was genuinely bargained between the parties. Additionally, the court had to determine if the agreement met the formal requirements and whether it was in the best interests of the employees. The respondent argued that the agreement was not the result of genuine bargaining due to the employer's lack of adequate consultation, and that certain provisions were not in the best interests of the employees.

The Full Bench found that the employer had made a genuine effort to consult with the employees, albeit not perfectly. The court noted that while the consultation process had room for improvement, it was not so deficient as to render the agreement invalid. The Full Bench concluded that the agreement had been genuinely bargained between the parties and met the formal requirements under the Fair Work Act. The court held that the agreement was in the best interests of the employees overall, despite some provisions that could be seen as disadvantageous to certain employees. Consequently, the application for approval was granted, and the agreement was approved as a certified agreement.

The final orders included the approval of the Cleanaway Solid Waste Services Adelaide Urban and Surrounds and Riverland Enterprise Agreement 2018 as a certified agreement, with the specified effective date and provisions.

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