DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2017/3115)

CLEANAWAY HOBSON BAY, MOONEE VALLEY AND BOROONDARA (MUNICIPAL) ENTERPRISE AGREEMENT 2017

Waste management industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 OCTOBER 2017

Application for approval of the Cleanaway Hobson Bay, Moonee Valley and Boroondara (Municipal) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Hobson Bay, Moonee Valley and Boroondara (Municipal) 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 Transport Workers’ Union of Australia 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 23 October 2017 and, in accordance with s.54, will operate from 30 October 2017. The nominal expiry date of the Agreement is 23 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Cleanaway Operations Pty Ltd, the Fair Work Commission was tasked with determining whether to approve the Cleanaway Hobson Bay, Moonee Valley and Boroondara (Municipal) Enterprise Agreement 2017. The dispute arose as Cleanaway sought approval for this enterprise agreement, which was intended to regulate the employment terms and conditions for certain employees within specified municipal areas.

The key legal issues before the Commission involved whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. These criteria included whether the agreement was made in good faith, provided for proper processes for resolving disputes, and met other procedural requirements set out in the Act. Furthermore, the Commission had to assess whether the agreement was made without coercion, undue influence, or misrepresentation.

In its decision, the Commission found that the agreement largely met the statutory criteria for approval. The Commission considered evidence provided by the parties and determined that the agreement was made in good faith and without coercion or undue influence. The Commission also noted that the agreement contained adequate processes for resolving disputes and met other procedural requirements. As such, the Commission approved the enterprise agreement, subject to certain modifications to address minor procedural issues identified during the review process. The final orders of the Commission required Cleanaway to make the approved agreement available to affected employees and to take necessary steps to ensure its implementation in accordance with the terms of the agreement.

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