Cleanaway Operations Pty Ltd

[2018] FWCA 2988

[2018] FWCA 2988

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Cleanaway Operations Pty Ltd
(AG2017/6453)

CLEANAWAY CENTRAL COAST (MUNICIPAL) DEPOT DRIVERS ENTERPRISE AGREEMENT 2018

Waste management industry
COMMISSIONER CAMBRIDGE	SYDNEY, 25 MAY 2018

Application for approval of the Cleanaway Central Coast (Municipal) Depot Drivers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Central Coast (Municipal) Depot Drivers Enterprise Agreement 2018(the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise greenfields agreement. The application has been made by Cleanaway Operations Pty Ltd (the Employer) and it nominates the Transport Workers’ Union of Australia (TWU) as the relevant Employee Organisation with which the Agreement was made.

[2] The application was lodged with the Fair Work Commission (the Commission) at Sydney on 19 December 2017. On 27 April 2018, the application was referred to the Commission as currently constituted. The application included a Statutory Declaration of Oliver Vrtkovski made on behalf of the Employer and dated 19 December 2017 (the Declaration). The Declaration stated that the Agreement was made on 11 December 2017. Therefore the application was made within the 14 day time limit established by subsection 185 (4) of the Act.

[3] The Commission identified various issues relating to aspects of the application including the contents of certain terms contained in the Agreement, which required clarification. The Employer was advised of these concerns and invited to provide a response.

[4] The Commission has received correspondence dated 21 May 2018, from the Employer which included further material in support of the application together with Undertakings made by and duly signed by the Employer, and proposed to the Commission pursuant to s. 190 of the Act (the Undertakings).

[5] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration, the further material in support of the application and the Undertakings. As a result of the consideration of these materials I am satisfied that, inter alia, the procedural requirements of Part 2-4 of the Act have been met.

[6] I note that the Agreement contains a flexibility term at clause 15 and a consultation term at clause 12.

[7] I am prepared to accept the Undertakings. As provided by s. 191 of the Act, the Undertakings are taken to be terms of the Agreement.

[8] Further, I am satisfied that each of the requirements of ss. 186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the TWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[9] As required by subsection 201 (2) of the Act, and in accordance with clause 4.3 of the Agreement, I note that the Agreement covers the TWU.

[10] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act it will operate from 1 June 2018. The nominal expiry date of the Agreement as specified in clause 3 of the Agreement, is 1 December 2021.

COMMISSIONER

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