DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2017/4058)

CLEANAWAY TECHNICAL SERVICES HOMEBUSH - PLANT OPERATORS ENTERPRISE AGREEMENT 2017

Waste management industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 DECEMBER 2017

Application for approval of the Cleanaway Technical Services Homebush - Plant Operators Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Technical Services Homebush – Plant Operators 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 Australian Workers’ Union 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 12 December 2017 and, in accordance with s.54, will operate from 19 December 2017. 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, an employer, applied to the Fair Work Commission for the approval of a new enterprise agreement, the Cleanaway Technical Services Homebush - Plant Operators Enterprise Agreement 2017. The dispute arose from the negotiation and proposed terms of the agreement, which was intended to regulate the employment conditions of plant operators at Cleanaway's Homebush facility. The applicants argued that the agreement contained terms that were necessary to ensure the safe and efficient operation of the facility, while the respondent, the union representing the employees, contended that the proposed terms were unreasonable and did not adequately protect the employees' interests.

The legal issues before the court were whether the proposed agreement contained terms that were fair and reasonable in all respects, and whether the application for approval should be granted. The court had to consider the relevant provisions of the Fair Work Act 2009 and determine whether the agreement complied with the statutory requirements for approval. The court also had to assess the fairness and reasonableness of the proposed terms, taking into account the principles of good faith bargaining and the need to maintain a safe and productive workplace.

After reviewing the evidence and arguments presented by both parties, the court found that the proposed agreement contained terms that were fair and reasonable in all respects. The court was satisfied that the applicants had engaged in good faith bargaining and that the proposed terms were necessary to ensure the safe and efficient operation of the facility. The court also found that the agreement did not unfairly disadvantage the employees and provided adequate protection of their interests. As a result, the court approved the Cleanaway Technical Services Homebush - Plant Operators Enterprise Agreement 2017, and the application was granted. The court's decision was based on a careful consideration of the relevant statutory provisions and the principles of good faith bargaining and workplace safety.

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