DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/3260)

CLEANAWAY DARWIN OPERATIONS ENTERPRISE AGREEMENT 2018

Northern Territory
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 NOVEMBER 2018

Application for approval of the Cleanaway Darwin Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Darwin Operations 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] 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.

[5] The Agreement was approved on 5 November 2018 and, in accordance with s.54, will operate from 12 November 2018. The nominal expiry date of the Agreement is 12 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Cleanaway Darwin Operations Enterprise Agreement 2018, with the applicant being Cleanaway Operations Pty Ltd. The agreement was proposed as a means of regulating the employment terms and conditions of the company's employees. The dispute arose from the negotiations between the employer and the employee representatives, resulting in the proposed agreement. The case was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The central legal issue in the case was whether the proposed agreement met the requirements for approval under the Fair Work Act. The applicant needed to demonstrate that the agreement had been made in good faith, and that it provided for the proper administration of the workplace. Additionally, the agreement needed to meet the "better off overall test", meaning that the employees were better off overall under the agreement than they would be under the applicable award or registered agreement. The applicant also needed to show that the agreement had been properly negotiated and that it did not discriminate against any particular group of employees.

The Fair Work Commission, after reviewing the evidence presented by both parties, concluded that the Cleanaway Darwin Operations Enterprise Agreement 2018 met all the necessary criteria for approval. The Commission found that the agreement had been made in good faith, and that it provided for the proper administration of the workplace. Furthermore, the Commission determined that the agreement passed the "better off overall test", as employees were better off overall under the agreement than they would be under the applicable award. The Commission also found that the agreement had been properly negotiated and that it did not discriminate against any particular group of employees.

The Fair Work Commission approved the Cleanaway Darwin Operations Enterprise Agreement 2018, effective from the date of the decision. The agreement is now a legally binding document regulating the employment terms and conditions of the employees covered by the agreement. The approval of the agreement is a significant step in ensuring that the employees are provided with fair and reasonable terms of employment, while also allowing the employer to operate its business effectively.

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