DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/3902)

CLEANAWAY LIQUIDS OIL COLLECTIONS SOUTH EAST QUEENSLAND DRIVERS ENTERPRISE AGREEMENT 2018

Waste management industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 JANUARY 2019

Application for approval of the Cleanaway Liquids Oil Collections South East Queensland Drivers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Liquids Oil Collections South East Queensland Drivers 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 15 January 2019 and, in accordance with s.54, will operate from 22 January 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Cleanaway Operations Pty Ltd, applied to the Fair Work Commission for the approval of the Cleanaway Liquids Oil Collections South East Queensland Drivers Enterprise Agreement 2018. The application was made in accordance with section 232 of the Fair Work Act 2009, seeking the Fair Work Commission's approval of the enterprise agreement, which had been negotiated between the applicant and its employees represented by the Transport Workers Union of Australia. The primary dispute centred on whether the agreement met the legal requirements under the Fair Work Act for being registered and thus enforceable. The Fair Work Commission was tasked with determining whether the enterprise agreement was in compliance with the statutory provisions, including the requirements for good faith bargaining and whether it contained appropriate dispute resolution mechanisms.

The court examined several key legal issues, including the necessity for genuine bargaining between the parties, the fairness and appropriateness of the terms within the agreement, and whether the agreement contained all the mandated minimum terms as prescribed by the Fair Work Act. Specifically, the court assessed whether the agreement was procedurally sound, having been negotiated in good faith, and substantively fair, ensuring that it did not adversely affect the employees' rights or entitlements. Additionally, the court scrutinised the inclusion of dispute resolution provisions to ensure they were compliant with legislative standards.

In delivering its decision, the Fair Work Commission found that the enterprise agreement was negotiated in good faith and contained all the required minimum terms. The court held that the agreement was fair and reasonable, meeting the criteria for approval under the Fair Work Act. The commission was satisfied that the process of negotiation was transparent and that the terms of the agreement did not unjustifiably disadvantage the employees. Consequently, the Fair Work Commission approved the Cleanaway Liquids Oil Collections South East Queensland Drivers Enterprise Agreement 2018, recognising it as a legally binding and enforceable document.

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