DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2017/6040)

CLEANAWAY ERSKINE PARK MAINTENANCE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 JANUARY 2018

Application for approval of the Cleanaway Erskine Park Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Erskine Park Maintenance 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 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 recently applied to the Fair Work Commission for approval of the Cleanaway Erskine Park Maintenance Enterprise Agreement 2017. The application involved determining whether the agreement complied with relevant provisions of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements for a valid enterprise agreement, including provisions on employee representation, good faith bargaining, and procedural fairness.

The Commission considered whether Cleanaway had adequately facilitated good faith bargaining and if the agreement was made in a procedurally fair manner. The company argued that it had engaged in genuine negotiations with the relevant trade union, providing necessary information and making reasonable efforts to reach an agreement. The union contested that the negotiations were not entirely fair and transparent. After examining the evidence and submissions from both parties, the Commission found that Cleanaway had made sufficient efforts to engage in good faith bargaining and that the agreement was reached in a procedurally fair environment.

Consequently, the Commission approved the Cleanaway Erskine Park Maintenance Enterprise Agreement 2017, finding it met the necessary criteria under the Fair Work Act. The decision underscored the importance of procedural fairness and good faith in enterprise bargaining processes. The Commission's approval of the agreement indicates a finding that Cleanaway had appropriately engaged with the union and provided the necessary information for effective negotiations.

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