DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/1950)

CLEANAWAY (MORNINGTON DEPOT) DRIVERS ENTERPRISE AGREEMENT 2018

Waste management industry
COMMISSIONER JOHNS	SYDNEY, 17 AUGUST 2018

Application for approval of the Cleanaway (Mornington Depot) Drivers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway (Mornington Depot) 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied to the Fair Work Commission for the approval of the Cleanaway (Mornington Depot) Drivers Enterprise Agreement 2018. The applicant sought to have the agreement registered under the Fair Work Act 2009, asserting that it met the legal requirements for such approval. The nature of the dispute involved the terms and conditions of employment, particularly for the drivers at the Mornington Depot, and the agreement's compliance with the statutory provisions outlined in the Act.

The court was required to determine whether the agreement fulfilled the criteria set forth in the Fair Work Act, including whether it provided for the terms and conditions of employment, and whether it was made in good faith. The court also needed to consider if the agreement complied with the procedural requirements of the Act, such as the involvement of bargaining representatives and the provision of necessary information to the parties involved.

Upon reviewing the application and the agreement, the court found that the Cleanaway (Mornington Depot) Drivers Enterprise Agreement 2018 satisfied the necessary legal criteria for approval. The agreement was deemed to have been made in good faith and met the requirements for procedural fairness. The court further concluded that the agreement provided for the terms and conditions of employment in a manner consistent with the Fair Work Act. Consequently, the court approved the agreement, thereby enabling it to be registered and enforceable under the 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