DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/5828)

CLEANAWAY SOLID WASTE SERVICES ACT ENTERPRISE AGREEMENT 2018

Waste management industry
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services ACT 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2019. The nominal expiry date of the Agreement is 11 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Cleanaway Operations Pty Ltd applied to the Fair Work Commission for approval of the Cleanaway Solid Waste Services ACT Enterprise Agreement 2018. The applicant is an employer of employees engaged in the collection, transportation, and disposal of solid waste in the Australian Capital Territory. The dispute centred on the terms and conditions of employment set out in the proposed enterprise agreement and whether they complied with the relevant federal and territory legislation. The Fair Work Commission heard the matter and was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement contained all the mandatory terms required by the Fair Work Act and did not include any prohibited terms. The applicant argued that the agreement complied with all legislative requirements and was a genuine bargain between the parties. The applicant contended that the agreement provided fair and reasonable terms and conditions of employment for the employees covered by it. The respondent, who was not a party to the agreement, did not oppose the application but raised concerns about the agreement’s provisions on shift differentials and shift loadings. The respondent argued that the provisions did not adequately protect employees from the adverse effects of working irregular hours, including night shifts and weekends.

The Fair Work Commission found that the agreement met the requirements for approval under the Fair Work Act. The Commission noted that the agreement contained all the mandatory terms required by the Act and did not include any prohibited terms. The Commission considered the arguments raised by the respondent but found that the provisions on shift differentials and shift loadings were fair and reasonable and provided adequate protection for employees working irregular hours. The Commission was satisfied that the agreement was a genuine bargain between the parties and that it provided fair and reasonable terms and conditions of employment for the employees covered by it.

The Fair Work Commission approved the Cleanaway Solid Waste Services ACT Enterprise Agreement 2018, subject to certain modifications to the provisions on shift differentials and shift loadings. The modifications were made to ensure that the agreement provided adequate protection for employees working irregular hours, including night shifts and weekends. The Commission also made an order that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of the decision. The applicant was required to provide a copy of the agreement to the Commission within 14 days of the decision.

Cleanaway Operations Pty Ltd

DECISION

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Legal Principle Established