DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2017/2890)

CLEANAWAY MORETON BAY REGION ENTERPRISE AGREEMENT 2017

Waste management industry
COMMISSIONER GREGORY	MELBOURNE, 18 SEPTEMBER 2017

Application for approval of the Cleanaway Moreton Bay Region Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Moreton Bay Region 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers Union (TWU) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2017. The nominal expiry date of the Agreement is 30 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, the applicant, sought approval of the Cleanaway Moreton Bay Region Enterprise Agreement 2017 from the Fair Work Commission. The applicant argued that the agreement was fair and appropriate for the employees covered by it. The dispute arose due to objections from the Australian Manufacturing Workers' Union, which claimed that the agreement did not adequately protect the rights and conditions of the employees.

The legal issues before the Commission were whether the enterprise agreement was fair and appropriate, considering the balance of interests between the applicant and the employees. The Commission had to determine if the agreement met the criteria set out in the Fair Work Act 2009, such as ensuring procedural fairness, providing for the efficient operation of the workplace, and not undermining the safety and health of employees.

In reaching its decision, the Commission considered various factors, including the extent of union involvement in the negotiation process, the level of detail in the agreement, and the overall fairness of the terms and conditions provided. The Commission found that the enterprise agreement was fair and appropriate, as it balanced the interests of the applicant and the employees. The Commission noted that the agreement provided for procedural fairness, efficient operation of the workplace, and the safety and health of employees. The Commission also found that the objections raised by the union were not sufficient to prevent the approval of the agreement.

The Fair Work Commission approved the Cleanaway Moreton Bay Region Enterprise Agreement 2017, subject to certain modifications to address minor issues raised during the hearing. The applicant was directed to implement the modified agreement within the specified timeframe. The union's objections were dismissed, and the employees covered by the agreement were now bound by its terms and conditions.

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