DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2017/5879)

CLEANAWAY PEAKHURST (MUNICIPAL) DEPOT DRIVERS ENTERPRISE AGREEMENT 2017

Waste management industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 MAY 2018

Application for approval of the Cleanaway Peakhurst (Municipal) Depot Drivers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Peakhurst (Municipal) Depot Drivers Enterprise Agreement 2017 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 23 May 2018 and, in accordance with s.54, will operate from 30 May 2018. The nominal expiry date of the Agreement is 23 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd sought approval of the Cleanaway Peakhurst (Municipal) Depot Drivers Enterprise Agreement 2017. The application was brought before the Fair Work Commission, as the agreement involved employees who were covered by the Fair Work Act 2009. The primary concern of the application was whether the proposed agreement met the procedural and substantive requirements under the Act for it to be approved and registered.

The central legal issues before the Commission were whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Act and whether the agreement contained terms that were contrary to public policy or not in the best interests of the employees. Specifically, the Commission needed to assess if the agreement had been fairly negotiated and if its terms were consistent with the legislative framework.

In examining the application, the Commission found that the agreement had been made in accordance with the procedural requirements of the Act, as it had been negotiated in good faith and the employees had been given a reasonable opportunity to be involved in the negotiation process. The Commission also concluded that the agreement did not contain any terms that were contrary to public policy or detrimental to the employees' interests. Consequently, the Commission approved and registered the Cleanaway Peakhurst (Municipal) Depot Drivers Enterprise Agreement 2017.

As a result of the decision, the agreement was approved and registered, thereby allowing it to be in effect for the duration specified within the agreement. This outcome ensured that the terms of the agreement would govern the employment conditions of the relevant drivers, providing them with a legally recognised framework for their work arrangements.

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