DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2017/3477)

CLEANAWAY MILDURA & SWAN HILL ENTERPRISE AGREEMENT 2017

Waste management industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 JANUARY 2018

Application for approval of the Cleanaway Mildura & Swan Hill Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Mildura & Swan Hill 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 Agreement was approved on 22 January 2018 and, in accordance with s.54, will operate from 29 January 2018. The nominal expiry date of the Agreement is 22 January 2022.

DEPUTY PRESIDENT

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 Mildura & Swan Hill Enterprise Agreement 2017, which sought to replace the existing enterprise agreement. The applicant sought a no objection certificate, while the employees represented by the Transport Workers Union of Australia sought to make various changes to the proposed agreement, including to the pay rates, shift penalties, and shift lengths.

The issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, including the "better off overall test" (BOOT), which requires that employees be no worse off financially and at least as well off in other respects. The Commission also considered the nature of the bargaining process and whether it was genuine. The Commission held that the proposed agreement met the requirements of the Act and was genuine, as it had been negotiated in good faith and the employees had been adequately informed and consulted about the agreement.

The Commission found that the proposed agreement was more advantageous to the employees than the existing agreement, meeting the BOOT. It found that the proposed pay rates, shift penalties, and shift lengths were fair and reasonable. The Commission also found that the bargaining process was genuine, as the parties had engaged in good faith negotiations and the employees had been adequately informed and consulted. The Commission approved the Cleanaway Mildura & Swan Hill Enterprise Agreement 2017, with the applicant to provide a copy of the approved agreement to the Commission within 14 days of the decision.

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