DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2017/4250)

CLEANAWAY NORTHERN NSW LIQUIDS DRIVERS ENTERPRISE AGREEMENT 2017

Waste management industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 FEBRUARY 2018

Application for approval of the Cleanaway Northern NSW Liquids Drivers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Northern NSW Liquids 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, and 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, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 February 2018 and, in accordance with s.54, will operate from 5 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied for the approval of the Cleanaway Northern NSW Liquids Drivers Enterprise Agreement 2017 under section 234 of the Fair Work Act 2009. The Fair Work Commission heard the matter and was required to determine whether the agreement met the requirements for registration under the Act. The applicants, Cleanaway Operations Pty Ltd and the Transport Workers Union, argued that the agreement should be approved as it was made in good faith and provided for a fair and efficient workplace. The objectors contended that the agreement failed to adequately protect employee entitlements and did not meet the necessary standards for approval.

The Commission examined the terms of the agreement and the process by which it was made. The court noted that the agreement was made in good faith and contained provisions that were fair and reasonable. However, the Commission also identified some areas of concern, including provisions relating to overtime and penalty rates. Despite these concerns, the Commission found that the overall benefits of the agreement outweighed any potential negative impacts on employees. The Commission concluded that the agreement met the requirements for approval under the Act.

The Commission approved the Cleanaway Northern NSW Liquids Drivers Enterprise Agreement 2017, subject to certain modifications. The modifications related to the calculation of overtime and penalty rates and were aimed at ensuring that employees were adequately protected. The applicants and objectors were given an opportunity to provide feedback on the modifications before the agreement was finally approved. The approval of the enterprise agreement is an important step towards establishing a fair and efficient workplace for the employees of Cleanaway Operations Pty Ltd.

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