DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/6871)

CLEANAWAY SOLID WASTE SERVICES FAR NORTH QUEENSLAND ENTERPRISE AGREEMENT 2018

Waste management industry
COMMISSIONER MCKINNON	MELBOURNE, 15 MARCH 2019

Application for approval of the Cleanaway Solid Waste Services Far North Queensland Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Cleanaway Solid Waste Services Far North Queensland Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cleanaway Operations Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2019. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied to the Fair Work Commission for the approval of a new enterprise agreement for its Far North Queensland workers. The application was brought under the Fair Work Act 2009, and the respondents to the application were the employees covered by the agreement. The Commission was required to consider whether the agreement met the requirements for approval under the Act, including the provisions relating to employee representation and direct engagement.

The legal issues before the Commission were whether the agreement was made in accordance with the procedural requirements of the Act, whether the agreement was made free of any improper conduct, and whether the agreement provided for terms and conditions that were fair and reasonable. The Commission noted that the agreement had been negotiated between the employer and the employees' representative, the Australian Manufacturing Workers' Union. The Commission also noted that the agreement provided for a number of improvements to the employees' terms and conditions, including increased pay rates and better access to training and development opportunities.

The Commission concluded that the agreement met the requirements for approval under the Act. The Commission found that the agreement had been negotiated in good faith and without any improper conduct, and that it provided for terms and conditions that were fair and reasonable. The Commission also noted that the agreement had been directly engaged with the employees, and that the employees had overwhelmingly supported the agreement. The Commission approved the Cleanaway Solid Waste Services Far North Queensland Enterprise Agreement 2018, and it will now be binding on the employer and employees covered by the agreement.

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