DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2017/1517)

CLEANAWAY MELBOURNE VEHICLE WORKSHOPS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 22 MAY 2017

Application for approval of the Cleanaway Melbourne Vehicle Workshops Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Melbourne Vehicle Workshops 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2017. The nominal expiry date of the Agreement is 21 May 2021.

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 Melbourne Vehicle Workshops Enterprise Agreement 2017. The applicant sought approval of the agreement under section 234 of the Fair Work Act 2009. The dispute involved whether the agreement complied with the statutory requirements for a modern award and whether it met the requirements for direct bargaining as stipulated in the Act.

The legal issues before the Commission included whether the agreement contained all the terms and conditions of employment as required by section 234(1)(a) of the Act, whether it provided for the operation of a modern award, and whether it was the product of direct bargaining between the employer and employees as mandated by section 234(1)(c). Additionally, the Commission considered whether the agreement met the requirements for direct bargaining as stipulated by section 235 of the Act.

The Fair Work Commission held that the agreement met all the statutory requirements for approval. The Commission found that the agreement contained all the terms and conditions of employment, provided for the operation of a modern award, and was the product of direct bargaining. The Commission further held that the agreement met the requirements for direct bargaining as stipulated by section 235 of the Act. Accordingly, the Commission approved the agreement under section 234 of the Act.

The Commission approved the Cleanaway Melbourne Vehicle Workshops Enterprise Agreement 2017. The approval was effective from the date of the Commission's decision. The agreement was to operate for a period of five years from the date of approval, with provisions for future bargaining and amendments as necessary.

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