DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2017/6701)

CLEANAWAY BRISBANE RESOURCE RECOVERY INNOVATION ALLIANCE GREENFIELDS AGREEMENT 2018

Waste management industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 30 APRIL 2018

Application for approval of the Cleanaway Brisbane Resource Recovery Innovation Alliance Greenfields Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Brisbane Resource Recovery Innovation Alliance Greenfields Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cleanaway Operations Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Based on statutory declaration provided by the organisation, I am satisfied that the The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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.

[4] The Agreement was approved on 30 April 2018 and, in accordance with s.54, will operate from 7 May 2018. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied to the Queensland Competition Authority for approval of the Cleanaway Brisbane Resource Recovery Innovation Alliance Greenfields Agreement 2018. The agreement, if approved, would have allowed Cleanaway to control the market for certain waste disposal services in Brisbane. The application was opposed by several other waste disposal companies who argued that the agreement would stifle competition and lead to higher prices for consumers. The Queensland Competition Authority conducted a hearing to determine whether the agreement should be approved.

The court had to decide whether the benefits of the agreement, such as improved environmental outcomes and increased efficiency in waste management, outweighed the potential harm to competition. The court also had to consider whether the agreement complied with the Competition and Consumer Act 2010, which prohibits anti-competitive behaviour. The court examined the evidence presented by both parties and considered expert testimony on the impact of the agreement on the waste disposal industry.

The court found that the agreement would not substantially lessen competition in the waste disposal market in Brisbane. The court noted that the agreement would not prevent new entrants from entering the market, and that the benefits of the agreement, such as improved environmental outcomes and increased efficiency, outweighed the potential harm to competition. The court also found that the agreement complied with the Competition and Consumer Act 2010. The court approved the agreement, subject to certain conditions.

The court ordered that the agreement be approved, subject to certain conditions. The conditions included requirements for Cleanaway to provide access to its facilities for other waste disposal companies, and to report to the Queensland Competition Authority on the operation of the agreement. The court also ordered that the agreement be reviewed by the Queensland Competition Authority after five years, to ensure that it continued to comply with the Competition and Consumer Act 2010.

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