DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2019/2064)

CLEANAWAY INDUSTRIAL & WASTE SERVICES LATROBE VALLEY ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 27 JUNE 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Industrial & Waste Services Latrobe Valley Enterprise Agreement 2019 (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] 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 Construction, Forestry, Maritime, Mining and Energy Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 30 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied to the Fair Work Commission for approval of the Cleanaway Industrial & Waste Services Latrobe Valley Enterprise Agreement 2019. The applicant and the unions representing the employees entered into an agreement that covered various aspects of employment, including wages, hours of work, and other conditions of employment. The unions sought approval of the agreement under the Fair Work Act 2009.

The central legal issue before the court was whether the agreement complied with the requirements of the Fair Work Act. Specifically, the court had to determine whether the agreement contained all the prescribed terms, whether it was made in good faith, and whether it provided for the proper registration of the agreement with the Fair Work Commission.

The court found that the agreement contained all the prescribed terms and was made in good faith. The court also found that the agreement provided for the proper registration with the Fair Work Commission. The court approved the agreement, noting that it provided for a fair and reasonable outcome for both the applicant and the employees.

The court ordered that the Cleanaway Industrial & Waste Services Latrobe Valley Enterprise Agreement 2019 be approved and registered with the Fair Work Commission. The agreement was to come into effect from the first day of March 2020 and would remain in force until the first day of March 2024, unless terminated earlier in accordance with its terms.

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