DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2019/1283)

CLEANAWAY SOLID WASTE SERVICES - CITY OF SYDNEY (MUNICIPAL) - ENTERPRISE AGREEMENT 2019

Waste management industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 MAY 2019

Application for approval of the Cleanaway Solid Waste Services - City of Sydney (Municipal) - Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Cleanaway Solid Waste Services - City of Sydney (Municipal) - Enterprise Agreement 2019 (the Agreement). The application was made by Cleanaway Operations Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Transport Workers’ Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Transport Workers’ Union of Australia and that the Agreement covers this organisation.

[5] The Agreement was approved on 20 May 2019 and, in accordance with s.54, will operate from 27 May 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, the employer, made an application to the Fair Work Commission (FWC) for the approval of the Cleanaway Solid Waste Services - City of Sydney (Municipal) - Enterprise Agreement 2019. The application was brought pursuant to section 233 of the Fair Work Act 2009, with the objective of obtaining Fair Work Australia's approval of the terms of the proposed enterprise agreement. The dispute centred on whether the agreement met the statutory criteria for approval, including that it provides for the proper classification and remuneration of employees, and does not adversely affect the operation of other relevant agreements.

The primary legal issues before the FWC were whether the proposed agreement satisfied the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009, particularly in terms of the classification and remuneration of employees, and whether it provided for appropriate safeguards for employees' rights. Additionally, the FWC had to consider whether the agreement contained terms that were inconsistent with or contrary to the National Employment Standards and if it adequately provided for the rights and obligations of the parties involved.

The FWC, in its decision, found that the proposed agreement met the necessary statutory criteria for approval. The FWC noted that the agreement provided for fair and reasonable classification and remuneration of employees, as well as appropriate safeguards for employees' rights. The FWC also determined that the agreement did not contain terms that were inconsistent with or contrary to the National Employment Standards. Consequently, the FWC approved the Cleanaway Solid Waste Services - City of Sydney (Municipal) - Enterprise Agreement 2019, finding it to be compliant with the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The approval was granted under section 233 of the Fair Work Act 2009.

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