DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/1765)

CLEANAWAY RIVERINA ENTERPRISE AGREEMENT 2017

Waste management industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 AUGUST 2018

Application for variation of the Cleanaway Riverina Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Cleanaway Riverina Enterprise Agreement 2017 (the Agreement). The application was made by Cleanaway Operations Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 23 January 2018. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 9 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied to the Fair Work Commission for a variation of the Cleanaway Riverina Enterprise Agreement 2017, which governs the employment conditions of workers within the Riverina region. The dispute centred around the terms of the enterprise agreement, specifically focusing on whether changes to the conditions of employment, as proposed by Cleanaway Operations, were reasonable and justified under the relevant industrial legislation. The Fair Work Commission was tasked with determining whether the proposed variations met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were reasonable and appropriate. This involved examining the grounds for the proposed changes, including their necessity and fairness. The Commission had to assess whether the changes would result in improved efficiency, productivity, or financial sustainability for Cleanaway Operations, while also considering the impact on the employees’ working conditions and rights. The Fair Work Act 2009 provides that variations to an enterprise agreement can only be made if they are reasonable and in the best interests of the employees.

The Commission found that the proposed changes were reasonable and justified. The evidence presented by Cleanaway Operations demonstrated that the changes were necessary to ensure the company's financial sustainability and operational efficiency. The changes were also designed to better align the enterprise agreement with broader industry standards and practices. The Commission was satisfied that the variations would not result in a detriment to the employees and that the process of negotiating the changes was fair and transparent. Therefore, the application for variation was approved.

The Fair Work Commission ordered that the Cleanaway Riverina Enterprise Agreement 2017 be varied as per the terms proposed by Cleanaway Operations. The changes were to take effect from the date of the Commission's decision, ensuring a smooth transition for both the company and its employees. The decision was made with the understanding that the variations were in the best interests of the employees and the company, reflecting a balanced approach to industrial relations under the Fair Work Act 2009.

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