DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/1410)

CLEANAWAY LIQUIDS NORTH QUEENSLAND PLANT AND DRIVERS ENTERPRISE AGREEMENT 2018

Waste management industry
COMMISSIONER JOHNS	SYDNEY, 25 JULY 2018

Application for approval of the Cleanaway Liquids North Queensland Plant and Drivers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Liquids North Queensland Plant and 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 Australian Workers’ Union and the Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2018. The nominal expiry date of the Agreement is 30 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd sought approval for the Cleanaway Liquids North Queensland Plant and Drivers Enterprise Agreement 2018. The application was made to the Fair Work Commission, which was required to determine whether the agreement was in the interests of employees and met the requirements of the Fair Work Act 2009.

The central issue before the Commission was whether the agreement adequately protected employees' interests in terms of wages, conditions, and dispute resolution mechanisms. The Commission also needed to assess whether the agreement complied with the statutory requirements, including being free from any form of coercion or undue influence.

In making its decision, the Commission examined the provisions of the agreement and the submissions made by both the applicant and the objecting parties. The Commission concluded that the agreement provided fair and reasonable terms for the employees, ensuring they were not worse off than under the previous agreement. The Commission found that the agreement met all statutory requirements and was in the interests of the employees. Therefore, it approved the agreement.

The Commission made an order approving the Cleanaway Liquids North Queensland Plant and Drivers Enterprise Agreement 2018, effective from the date of the decision. This approval ensures that the agreement now governs the employment terms of the employees at the North Queensland Plant, providing them with a legally recognised framework for their conditions of employment.

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