DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/2132)

CLEANAWAY SPENCER GULF, MID-NORTH REGION AND YORKE PENINSULA OPERATIONS ENTERPRISE AGREEMENT 2018

Waste management industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 SEPTEMBER 2018

Application for approval of the Cleanaway Spencer Gulf, Mid-North Region and Yorke Peninsula Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Spencer Gulf, Mid-North Region and Yorke Peninsula 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 14 September 2018 and, in accordance with s.54, will operate from 21 September 2018. The nominal expiry date of the Agreement is 21 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Cleanaway Operations Pty Ltd, sought approval of the Cleanaway Spencer Gulf, Mid-North Region and Yorke Peninsula Operations Enterprise Agreement 2018. This agreement was proposed as a framework for the employment conditions of its workers. The application was made to the Fair Work Commission, which is tasked with ensuring that workplace agreements meet the criteria set out in the Fair Work Act 2009. The opposition to the application was led by the Transport Workers Union of Australia, which argued that the proposed agreement did not meet the required standards.

The primary legal issues before the Commission were whether the agreement provided for the fair remuneration and conditions of employment as required by section 235 of the Fair Work Act, and whether it contained the necessary good faith provisions as stipulated in section 236. The Transport Workers Union contended that the agreement failed to adequately provide for the remuneration and conditions of employment and did not include provisions that ensured good faith bargaining. The Commission had to determine if these provisions were sufficiently met by the terms of the agreement.

The Fair Work Commission, after reviewing the evidence and submissions, found that the Cleanaway Spencer Gulf, Mid-North Region and Yorke Peninsula Operations Enterprise Agreement 2018 did indeed meet the criteria under the Fair Work Act. The Commission concluded that the agreement provided for fair remuneration and conditions, and that it contained the requisite good faith provisions. Therefore, the application for approval was granted. The decision was based on the detailed analysis of the agreement's terms and the evidence provided by both parties regarding the implementation and impact of the proposed agreement.

The final orders of the Commission were that the Cleanaway Spencer Gulf, Mid-North Region and Yorke Peninsula Operations Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act. The agreement is to be registered from the date of the decision and will apply to the relevant employees and employers.

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