DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/233)

CLEANAWAY LIQUIDS SOUTH EAST QUEENSLAND PLANT & DRIVERS ENTERPRISE AGREEMENT 2017

Waste management industry
COMMISSIONER WILSON	MELBOURNE, 14 MAY 2018

Application for approval of the Cleanaway Liquids South East Queensland Plant & Drivers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Liquids South East Queensland Plant & 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.

[4] The Transport Workers’ Union of Australia, and The Australian Workers’ Union 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2018. The nominal expiry date of the Agreement is 14 May 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 Liquids South East Queensland Plant & Drivers Enterprise Agreement 2017. The application was made under section 234 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the requirements of the Act, including whether it provided for the terms and conditions of employment of the employees covered by the agreement. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith and without coercion. The applicant argued that the agreement was a genuine bargain between the employer and the employees, and that it provided for fair and reasonable terms and conditions of employment. The applicant also submitted that the agreement was made in good faith and without coercion.

The Fair Work Commission found that the agreement met the requirements of the Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it was made in good faith and without coercion. The Commission noted that the agreement had been negotiated over a period of several months, and that both parties had made concessions during the negotiation process. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of disputes between the parties, and that it included provisions for the protection of employees' health and safety. The Commission approved the agreement, and it will now be registered with the Fair Work Commission.

The Fair Work Commission approved the Cleanaway Liquids South East Queensland Plant & Drivers Enterprise Agreement 2017, finding that it met the requirements of the Fair Work Act 2009. The agreement will now be registered with the Fair Work Commission, and will apply to the employees covered by the agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was made in good faith and without coercion. The Commission also noted that the agreement included provisions for the protection of employees' health and safety, and provided for appropriate mechanisms for the resolution of disputes between the parties.

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