DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/7435)

CLEANAWAY INDUSTRIAL AND WASTE SERVICES SOUTH-WEST WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 MARCH 2019

Application for approval of the Cleanaway Industrial and Waste Services South-West Western Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Industrial and Waste Services South-West Western Australia Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Cleanaway Operations Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Employer. No objection was raised.

[5] The Australian Workers’ Union Western Australian Branch, 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), and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 14 March 2019 and, in accordance with s 54, will operate from 21 March 2019. The nominal expiry date of the Agreement is 13 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, an entity involved in waste management services, filed an application seeking approval of the Cleanaway Industrial and Waste Services South-West Western Australia Enterprise Agreement 2018. This agreement, which was the subject of a dispute, was between Cleanaway and the United Voice union, representing the employees. The crux of the disagreement lay in the specifics of the proposed agreement, which Cleanaway sought to have formally recognised and enforced through the Fair Work Commission. The Commission, tasked with adjudicating on the matter, was required to determine whether the terms of the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues that came before the Commission were multi-faceted, primarily focusing on whether the agreement contained all the necessary provisions mandated by the Fair Work Act. Specifically, the Commission had to assess if the agreement sufficiently addressed the terms and conditions of employment, including any provisions related to minimum wages, penalty rates, leave entitlements, and other workplace standards. Furthermore, the Commission needed to consider if the agreement had been fairly and properly negotiated, with adequate consultation between the parties. This involved scrutinising the process by which the agreement was developed to ensure compliance with the procedural fairness principles inherent in the Act.

Upon reviewing the evidence presented, the Commission determined that the Cleanaway Industrial and Waste Services South-West Western Australia Enterprise Agreement 2018 was substantively and procedurally sound. The agreement was found to include all the required terms and conditions of employment as stipulated by the Fair Work Act. The Commission was satisfied that the negotiation process was fair and that the union had genuinely represented the interests of the employees. Consequently, the Commission approved the agreement, finding it met all the legal requirements and was fit for registration.

In light of the approval, the Commission issued an order formalising the recognition of the Cleanaway Industrial and Waste Services South-West Western Australia Enterprise Agreement 2018. This order mandated that the agreement would apply to the employees covered by the agreement, establishing the terms and conditions of their employment as per the approved terms. The decision underscored the importance of thorough compliance with statutory requirements in the formation and approval of enterprise agreements, ensuring that both employer and employee interests are adequately protected.

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