Cleanaway Operations Pty Ltd

[2018] FWCA 1060

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2017/5077)

Cleanaway SEMTS & MRL Enterprise Agreement 2017

Waste management industry
Deputy President Gostencnik	MELBOURNE, 16 FEBRUARY 2018

Application for approval of the Cleanaway SEMTS & MRL Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Cleanaway SEMTS & MRL 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.

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.

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.

The Agreement was approved on 16 February 2018 and, in accordance with s.54, will operate from 23 February 2018. The nominal expiry date of the Agreement is 16 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Cleanaway SEMTS & MRL Enterprise Agreement 2017. Cleanaway Operations Pty Ltd, the applicant, sought approval for the agreement which had been negotiated between the company and its employees represented by the Transport Workers Union. The dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, particularly in terms of its compliance with the "better off overall test" and procedural fairness. The Commission was required to determine if the agreement provided employees with improved conditions or benefits when compared to existing awards and if the negotiation process was fair and transparent.

The central legal issue before the Commission was whether the agreement met the statutory criteria for approval. This involved assessing whether the agreement was a "registerable agreement" under section 234 of the Fair Work Act and whether it satisfied the "better off overall test" as outlined in section 235. Additionally, the Commission needed to consider whether there were any procedural irregularities during the negotiation process that could render the agreement invalid. The Transport Workers Union argued that the agreement did not sufficiently meet the better off overall test and that the negotiation process was flawed, resulting in an unfair agreement.

The Commission examined the provisions of the agreement and the evidence presented by both parties. It found that the agreement did indeed provide employees with improved conditions in areas such as wages, leave entitlements, and other benefits, thus meeting the better off overall test. The Commission also found that the negotiation process was conducted in a fair and transparent manner, without any procedural irregularities. Consequently, the Commission approved the Cleanaway SEMTS & MRL Enterprise Agreement 2017, finding it to be compliant with the statutory requirements of the Fair Work Act.

In its decision, the Commission approved the Cleanaway SEMTS & MRL Enterprise Agreement 2017, effective from the date of the decision. The agreement was registered under the Fair Work Act, and the parties were directed to comply with its terms. This decision provided clarity and legal certainty for both Cleanaway Operations Pty Ltd and its employees, ensuring that the agreement would govern their industrial relations for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established