DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/5302)

CLEANAWAY INDUSTRIAL SERVICES GLADSTONE ALUMINIUM OPERATORS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2019

Application for approval of the Cleanaway Industrial Services Gladstone Aluminium Operators Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Industrial Services Gladstone Aluminium Operators Enterprise Agreement 2018 (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] 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, 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 lodged contained an error at Clause 16. On 20 February 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Australian Workers’ Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2019. The nominal expiry date of the Agreement is 13 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, an employer, sought approval for the Cleanaway Industrial Services Gladstone Aluminium Operators Enterprise Agreement 2018, from the Fair Work Commission. The application was opposed by the Transport and General Workers Union. The dispute centred on whether the agreement was in the interests of the employees and complied with the Fair Work Act 2009. The key legal issues were whether the agreement was genuinely an enterprise agreement and if it met the 'better off overall test' (BOOT) as required by the Act.

The Commission first considered whether the agreement was genuinely an enterprise agreement. It found that the agreement was not a sham or a product of coercion. The Commission was satisfied that it had been negotiated in good faith and was genuinely arrived at by the parties. Regarding the BOOT, the Commission examined the provisions of the agreement against the existing conditions of employment. It concluded that the proposed agreement provided employees with a range of benefits that were better than their current conditions. These included increased pay rates, leave entitlements, and improved working conditions. The Commission was satisfied that the agreement would provide employees with a better overall package than their previous conditions.

The Fair Work Commission approved the Cleanaway Industrial Services Gladstone Aluminium Operators Enterprise Agreement 2018, finding that it was a genuine enterprise agreement and met the BOOT. The Commission ordered that the agreement be registered and enforceable as of the effective date specified within the agreement. This decision provided clarity and legal enforceability to the terms of the agreement, allowing the parties to proceed with the implementation of the new terms and conditions for the employees.

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