DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/336)

CLEANAWAY SYDNEY POST COLLECTIONS ENTERPRISE AGREEMENT 2018

Waste management industry
COMMISSIONER LEE	MELBOURNE, 4 JUNE 2018

Application for approval of the Cleanaway Sydney Post Collections Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Sydney Post Collections 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied for approval of the Cleanaway Sydney Post Collections Enterprise Agreement 2018. The applicant argued that the agreement was a lawful and fair enterprise agreement. The Fair Work Commission, through the Registrar, was the court that considered the application. The key issue was whether the agreement met the requirements for approval under the Fair Work Act 2009.

The court examined whether the agreement was made in good faith, and whether it contained the necessary minimum terms and conditions as specified in the Act. It also considered whether the agreement had been certified as a single interest employer agreement. The court noted that the agreement was made in good faith and contained the minimum required terms and conditions. It was also certified as a single interest employer agreement, meeting the necessary criteria.

Having found that the agreement met all the necessary requirements, the court approved the Cleanaway Sydney Post Collections Enterprise Agreement 2018. The applicant's application was successful, and the agreement was approved as a lawful and fair enterprise agreement.

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