Cleanaway Operations Pty Ltd

[2019] FWCA 2389

[2019] FWCA 2389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2019/273)

CLEANAWAY SOLID WASTE SERVICES KATHERINE DEPOT ENTERPRISE AGREEMENT 2018

Waste management industry
COMMISSIONER PLATT	ADELAIDE, 9 APRIL 2019

Application for approval of the Cleanaway Solid Waste Services Katherine Depot Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Katherine Depot Enterprise Agreement 2018 (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 March 2019.

[3] On 15 March 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 15 March 2019. The undertaking deals with the following topics:

•  Annual leave and casual employment clauses will be read in conjunction with the National Employment Standards.

•  The last sentence in clause 31.5(a) (Carer’s Leave) of the Agreement will not apply.

•  Employees who are dismissed pursuant to clause S.5 of the Agreement will be entitled to notice of termination as contained under clause 15.1 of the Agreement.

•  The minimum payment for overtime performed on a Sunday will be four hours.

• 

[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 representative did not express any view on 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 (TWU)”, 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 1 November 2022.

COMMISSIONER

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