| [2017] FWCA 6704 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cleanaway Operations Pty Ltd
(AG2017/4969)
CLEANAWAY SOUTH EAST QUEENSLAND MAINTENANCE ENTERPRISE AGREEMENT 2017
Manufacturing and associated industries | |
DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 13 DECEMBER 2017 |
Application for approval of the Cleanaway South East Queensland Maintenance Enterprise Agreement 2017.
[1] An application has been made for approval of an enterprise agreement known as the Cleanaway South East Queensland 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, 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] 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.
[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.
[6] The Agreement was approved on 13 December 2017 and, in accordance with s.54, will operate from 20 December 2017. The nominal expiry date of the Agreement is 31 July 2020.
DEPUTY PRESIDENT
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ANNEXURE A
- AGLC
- Cleanaway Operations Pty Ltd [2017] FWCA 6704
- Case
- [2017] FWCA 6704
- Decision Date
CaseChat Overview and Summary
The court found that the agreement met the requirements of the Fair Work Act and was appropriate to be approved. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and other benefits. The court also found that the agreement complied with the procedural requirements set out in the Fair Work Act, including the requirement for the agreement to be certified by the Independent Bargaining Authority. The court was satisfied that the agreement had been negotiated in good faith and that there was no evidence of any unfair or unreasonable practices in the negotiation process.
The court approved the Cleanaway South East Queensland Maintenance Enterprise Agreement 2017, subject to certain modifications. The modifications related to the calculation of penalty rates for certain employees and the inclusion of a dispute resolution clause in the agreement. The court found that the modifications were necessary to ensure that the agreement met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The court noted that the modifications did not significantly alter the overall terms and conditions of employment set out in the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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