DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2017/3174)

CLEANAWAY ROCKHAMPTON REGION DRIVERS ENTERPRISE AGREEMENT 2017

Waste management industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 OCTOBER 2017

Application for approval of the Cleanaway Rockhampton Region Drivers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Rockhampton Region Drivers 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 20 October 2017 and, in accordance with s.54, will operate from 27 October 2017. The nominal expiry date of the Agreement is 27 October 2020.

COMMISSIONER

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 Rockhampton Region Drivers Enterprise Agreement 2017. The Fair Work Commission had to determine whether the agreement was in the public interest and whether it complied with the Fair Work Act 2009. The application was opposed by the Transport Workers Union of Australia.

The key legal issue before the Commission was whether the agreement met the statutory requirements of the Fair Work Act 2009. The Commission considered the public interest factors outlined in the Act, including the impact of the agreement on employment conditions, the potential for the agreement to facilitate workplace flexibility and productivity, and the overall fairness of the agreement to the parties involved. Additionally, the Commission needed to ensure that the agreement did not adversely affect the safety of the employees or the public.

The Fair Work Commission found that the agreement was in the public interest and compliant with the Fair Work Act 2009. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for workplace flexibility, productivity measures, and safety standards. The Commission also considered the potential benefits of the agreement, such as improved efficiency and productivity in the workplace. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Cleanaway Rockhampton Region Drivers Enterprise Agreement 2017. The Commission found that the agreement met the statutory requirements and was in the public interest. The agreement was approved on the basis that it provided for fair and reasonable terms and conditions of employment, facilitated workplace flexibility and productivity, and ensured the safety of employees and the public.

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