DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2019/1454)

CLEANAWAY SOLID WASTE SERVICES SUNSHINE COAST REGION ENTERPRISE AGREEMENT 2019

Waste management industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 MAY 2019

Application for approval of the Cleanaway Solid Waste Services Sunshine Coast Region Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Sunshine Coast Region 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2019. The nominal expiry date of the Agreement is 25 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd sought approval for the Cleanaway Solid Waste Services Sunshine Coast Region Enterprise Agreement 2019 from the Fair Work Commission. The applicant, a waste management company, argued that the proposed agreement provided fair and reasonable terms for its employees in the Sunshine Coast region. The Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement satisfied the requirements of being a "better off overall test" (BOOT) and whether it included all mandatory terms as prescribed by the Fair Work Act. Additionally, the Commission needed to assess whether the agreement had been genuinely negotiated between the employer and the employees' representative.

In reaching its decision, the Commission found that the agreement did meet the BOOT, as it provided employees with a range of benefits that outweighed any potential disadvantages. Furthermore, the Commission determined that the agreement included all mandatory terms and was the result of genuine negotiations. Consequently, the Commission approved the Cleanaway Solid Waste Services Sunshine Coast Region Enterprise Agreement 2019.

The Fair Work Commission granted approval for the Cleanaway Solid Waste Services Sunshine Coast Region Enterprise Agreement 2019, recognising its compliance with the Fair Work Act and its provision of fair and reasonable terms for employees. This decision reflects the Commission's commitment to ensuring that enterprise agreements are beneficial to both employers and employees while upholding the principles of fairness and genuine negotiation.

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