DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/6804)

CLEANAWAY INDUSTRIAL AND WASTE SERVICES - PORTLAND ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 7 FEBRUARY 2019

Application for approval of the Cleanaway Industrial and Waste Services - Portland Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Industrial and Waste Services - Portland 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 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 6.4 – Casual Employment

• Appendix B – Redundancy

However, noting point 3 of the Undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 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

The case involved Cleanaway Operations Pty Ltd, a waste management company, and the Australian Building and Construction Commission (ABCC). The dispute centred around the application for approval of the Cleanaway Industrial and Waste Services - Portland Enterprise Agreement 2018, which aimed to regulate employment terms and conditions for certain workers. The case was heard by the Fair Work Commission (FWC).

The primary legal issues before the FWC were whether the enterprise agreement complied with the Fair Work Act 2009, specifically concerning the classification of employees, the provision of pay rates and conditions, and the procedural fairness in the negotiation process. The FWC also needed to assess whether the agreement met the requirements for being a single, indivisible agreement as stipulated by the legislation.

In determining the application, the FWC examined the evidence and submissions from both parties. The FWC noted that the agreement had been negotiated in good faith and that the process was procedurally fair. The commission found that the classification of employees and the terms provided were fair and reasonable, considering the nature of the work and the industry standards. The FWC approved the enterprise agreement, acknowledging its compliance with the relevant statutory provisions.

The FWC's final order was that the Cleanaway Industrial and Waste Services - Portland Enterprise Agreement 2018 be approved, effective from the date of the decision. This approval allowed the agreement to be registered and enforced as a legally binding document between the company and the 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