Cleanaway Operations Pty Ltd

[2019] FWCA 1718

[2019] FWCA 1718

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/6403)

CLEANAWAY NORTHERN TERRITORY WORKSHOP ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 19 MARCH 2019

Application for approval of the Cleanaway Northern Territory Workshop Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Northern Territory Workshop 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 21 February 2019.

[3] On 1 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 7 March 2019. The undertaking deals with the following topics:

•  The Applicant undertakes that the Agreement only applies to employees engaged in the Northern Territory workshop located at 875 Stuart Highway, Holtze, NT (or a successor location in Darwin).

•  The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

•  The Applicant has inserted a NES precedence clause.

•  The final of sentence contained in clause 15.3 of the Agreement shall no longer apply. Instead, the Applicant undertakes to apply the NES in relation to determining notice of termination in the case of a transfer of business.

•  Clause 32.5(a) of the Agreement, which relates to the eligibility for carer’s leave, will no longer apply and NES provisions will apply instead.

•  Clause 32.6 and clause 32.7 of the Agreement will not operate in a way which is inconsistent with the NES. The Applicant undertakes to accept notice which is given as soon as practicable and evidence which would satisfy a reasonable person that the relevant leave entitlement has arisen.

•  For the purpose of clause 12.3(e) of the Agreement, causal employees will be entitled to the following:

•  The benefit of clause 29 (public holidays);

•  Unpaid personal leave as per the NES; and

•  Unpaid community service leave as per the NES.

[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 representatives 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] 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.

[8] 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 19 March 2022.

COMMISSIONER

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