DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2017/2362)

CLEANAWAY REFINERS RUTHERFORD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 5 JULY 2017

Application for approval of the Cleanaway Refiners Rutherford Enterprise Agreement 2017.

[1] On 21 June 2017 Cleanaway Operations Pty Ltd (Applicant) made an application for approval of the Cleanaway Refiners Rutherford Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 12 July 2017. The nominal expiry date of the Agreement is 14 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Cleanaway Operations Pty Ltd, a company involved in waste management services, and the Australian Building and Construction Commission. The Commission applied to the Fair Work Commission for the approval of the Cleanaway Refiners Rutherford Enterprise Agreement 2017, which outlines the terms and conditions of employment for employees of Cleanaway Refiners Rutherford. The legal issues that the court had to determine were whether the agreement was appropriate for approval, and whether it complied with the Fair Work Act 2009.

The court considered whether the agreement was made in the course of the employee's employment and whether it contained the necessary provisions for minimum wages and entitlements. The court also assessed whether the agreement met the requirements for the agreement to be "in the interests of employees" and whether it provided for the proper regulation of working arrangements. The court found that the agreement was appropriate for approval as it met all the necessary requirements under the Fair Work Act 2009.

The court found that the agreement contained all the necessary provisions for minimum wages and entitlements, and that it provided for the proper regulation of working arrangements. The court also found that the agreement was in the interests of employees as it provided for a fair and reasonable set of terms and conditions of employment. The Cleanaway Refiners Rutherford Enterprise Agreement 2017 was approved by the court as it met all the necessary requirements under the Fair Work Act 2009. The court ordered that the agreement be registered and enforceable as a registered 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