DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/367)

CLEANAWAY SYDNEY MECHANICS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 13 JUNE 2018

Application for approval of the Cleanaway Sydney Mechanics Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Sydney Mechanics 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 Applicant 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2018. The nominal expiry date of the Agreement is 12 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 for approval of the Cleanaway Sydney Mechanics Enterprise Agreement 2018. The application was made under section 233 of the Fair Work Act 2009. The nature of the dispute centred on the terms of the agreement, which was to be applied to a group of employees who were mechanics at Cleanaway's Sydney operations. The employees were represented by the Transport Workers Union of Australia.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act, particularly in relation to the process by which the agreement was made and whether the agreement contained the necessary minimum terms as prescribed by the Act. A key point of contention was whether the agreement complied with the requirement that it be made without undue interference by employers and whether the agreement provided for appropriate mechanisms to resolve disputes between employees and the employer.

The Fair Work Commission found that the agreement was made without undue interference and contained all necessary minimum terms. The Commission noted that while the union had not been able to secure a majority of members' support for the agreement, the process followed was fair and the agreement was not disadvantageous to the employees. The Commission was satisfied that the agreement included appropriate mechanisms for the resolution of disputes, including the use of a jointly managed dispute resolution procedure. The Commission approved the agreement, stating that it met the requirements of the Act.

In approving the agreement, the Commission issued a certificate under section 234 of the Fair Work Act. This certificate ensures that the agreement has the force of an enterprise agreement from the date it was made and can be registered with the Registrar of the Fair Work Commission. The approval and registration of the agreement mean that it is binding on all parties and will govern the employment conditions of the affected employees until a new agreement is made or until the agreement is terminated 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