DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/1121)

CLEANAWAY NORTHERN NEW SOUTH WALES (NNSW) REGIONAL DRIVERS ENTERPRISE AGREEMENT 2018

Waste management industry
COMMISSIONER JOHNS	SYDNEY, 27 JULY 2018

Application for approval of the Cleanaway Northern New South Wales (NNSW) Regional Drivers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Northern New South Wales (NNSW) Regional 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] 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2018. The nominal expiry date of the Agreement is 30 June 2021.

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 (FWC) for approval of the Cleanaway Northern New South Wales (NNSW) Regional Drivers Enterprise Agreement 2018. The applicant sought to have the agreement made applicable to employees in the "drivers group" who were employed by Cleanaway Operations Pty Ltd, or any of its wholly-owned subsidiaries, at a depot in NNSW. The application for approval arose under section 231 of the Fair Work Act 2009 (Cth). The respondents to the application were the Transport Workers Union of Australia and the Australasian Meat Industry Workers Union, who objected to the agreement.

The key legal issues before the FWC were whether the agreement contained the necessary minimum terms and conditions of employment, and whether it was made in accordance with the requirements of the Fair Work Act. The FWC was required to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements set out in the Fair Work Act. The FWC also needed to determine whether the agreement was genuinely negotiated and whether it would have a beneficial effect on the employees.

The FWC found that the agreement was made in accordance with the requirements of the Fair Work Act, and contained the necessary minimum terms and conditions of employment. The FWC was satisfied that the agreement was genuinely negotiated and that it would have a beneficial effect on the employees. The FWC noted that the agreement provided for a number of benefits for the employees, including wage increases and improved working conditions. The FWC also found that the agreement complied with the procedural requirements of the Fair Work Act, and that it was fair and reasonable.

The FWC approved the Cleanaway Northern New South Wales (NNSW) Regional Drivers Enterprise Agreement 2018, and made an order to that effect. The agreement is now a registered agreement under the Fair Work Act, and is applicable to the employees in the drivers group employed at a depot in NNSW. The order is effective from the date of the FWC's decision, and the agreement will apply to the employees from that date. The respondents to the application have the right to appeal the FWC's decision to the Federal Court of Australia.

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