DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/5344)

CLEANAWAY SOUTH-EAST QUEENSLAND SOLID WASTE COLLECTIONS (DRIVERS) ENTERPRISE AGREEMENT 2018

Waste management industry
COMMISSIONER LEE	MELBOURNE, 9 JANUARY 2019

Application for approval of the Cleanaway South-East Queensland Solid Waste Collections (Drivers) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway South-East Queensland Solid Waste Collections (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, 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2019. The nominal expiry date of the Agreement is 30 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied for the approval of the Cleanaway South-East Queensland Solid Waste Collections (Drivers) Enterprise Agreement 2018. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009. The Fair Work Commission heard the application and was required to determine whether the agreement met the requirements for approval under the Act.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements for approval, and whether it met the substantive requirements for approval. The Commission considered whether the agreement had been made in good faith and whether it provided for the proper regulation of terms and conditions of employment. The Commission also considered whether the agreement provided for the proper protection of employees' interests and whether it complied with the provisions of the Fair Work Act.

The Commission found that the agreement was a genuine enterprise agreement and that it complied with the procedural requirements for approval. The Commission also found that the agreement met the substantive requirements for approval and provided for the proper regulation of terms and conditions of employment. The Commission considered that the agreement provided for the proper protection of employees' interests and that it complied with the provisions of the Fair Work Act. The Commission approved the agreement under section 234 of the Fair Work Act.

The Commission made an order approving the Cleanaway South-East Queensland Solid Waste Collections (Drivers) Enterprise Agreement 2018 as a certified agreement under section 234 of the Fair Work Act. The agreement was approved with effect from 1 July 2018 and will remain in force until 30 June 2023, or until it is replaced by a new agreement. The order also provided for the agreement to be registered with the Fair Work Commission.

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