DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/3092)

CLEANAWAY LIQUIDS NNSW PLANT OPERATORS ENTERPRISE AGREEMENT 2017

Waste management industry
COMMISSIONER LEE	MELBOURNE, 30 OCTOBER 2018

Application for approval of the Cleanaway Liquids NNSW Plant Operators Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Liquids NNSW Plant Operators Enterprise Agreement 2017 (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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied to the Fair Work Commission for approval of the Cleanaway Liquids NNSW Plant Operators Enterprise Agreement 2017. The Fair Work Commission was required to determine whether the enterprise agreement was in the interests of employees and met the requirements of the Fair Work Act 2009. The key issues were whether the agreement complied with the good faith bargaining provisions, and whether it was fair and reasonable in all its terms.

The Fair Work Commission noted that the agreement had been negotiated in good faith and was a genuine agreement between the employer and the union representing the employees. The Commission found that the agreement was fair and reasonable in all its terms, and that it met the requirements of the Fair Work Act. The Commission also noted that the agreement provided for a number of benefits for employees, including increased pay rates, improved working conditions, and better access to training and development opportunities.

The Fair Work Commission approved the Cleanaway Liquids NNSW Plant Operators Enterprise Agreement 2017. The agreement will now be registered with the Fair Work Commission and will apply to all employees covered by the agreement. The Commission's decision is final and binding, and cannot be appealed.

This decision provides guidance for employers and employees in the waste management industry, and highlights the importance of negotiating enterprise agreements in good faith. It also reinforces the role of the Fair Work Commission in ensuring that enterprise agreements are fair and reasonable, and meet the requirements of the Fair Work Act.

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