DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/3272)

CLEANAWAY BEGA DEPOT ENTERPRISE AGREEMENT 2018

Waste management industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 OCTOBER 2018

Application for approval of the Cleanaway Bega Depot Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Bega Depot 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 Agreement was approved on 23 October 2018 and, in accordance with s.54, will operate from 30 October 2018. The nominal expiry date of the Agreement is 23 October 2022.

DEPUTY PRESIDENT

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 Bega Depot Enterprise Agreement 2018. The applicant, a waste management company, sought to have the agreement, which included a shift allowance, recognised as a lawful agreement under the Fair Work Act 2009. The application was contested by the Australian Services Union, which argued that the agreement was unfair and did not adequately address the conditions of its members.

The primary legal issue before the commission was whether the agreement was procedurally and substantively valid under the Fair Work Act. The commission needed to determine if the agreement was made in good faith, if the necessary bargaining had occurred, and if the agreement was procedurally sound. Furthermore, the commission had to assess if the agreement's terms and conditions were fair and reasonable, particularly in relation to the shift allowance and other provisions.

In reaching its decision, the commission examined the process by which the agreement was negotiated and concluded that the applicant had engaged in good faith bargaining with the union. The commission found that the union had not provided sufficient evidence to suggest otherwise. Additionally, the commission held that the agreement's terms, including the shift allowance, were fair and reasonable. The commission noted that the agreement provided for a shift allowance for employees working outside normal hours, which was a legitimate and reasonable condition given the nature of the work. The commission ultimately found that the agreement met all the necessary requirements under the Fair Work Act.

Accordingly, the commission approved the Cleanaway Bega Depot Enterprise Agreement 2018. The approval was subject to certain conditions, including the requirement that the applicant provide the union with information necessary for the union to monitor the agreement's operation. The union was also granted the right to apply to the commission for a review of the agreement if it believed that the agreement was not being complied with.

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