DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2017/1391)

CLEANAWAY LIQUIDS WA ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 12 MAY 2017

Application for approval of the Cleanaway Liquids WA Enterprise Agreement 2017.

[1] On 21 April 2017, Cleanaway Operations Pty Ltd (Applicant) made an application for approval of the Cleanaway Liquids WA 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. In any case, the Transport Workers’ Union of Australia has indicated its acceptance of the undertakings.

[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] 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.

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

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 May 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd sought approval for the Cleanaway Liquids WA Enterprise Agreement 2017. The application was made to the Fair Work Commission. The nature of the dispute involved the terms and conditions of employment for the employees covered by the proposed enterprise agreement. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment.

The legal issues included whether the agreement provided for appropriate mechanisms for resolving disputes, whether it ensured fair and reasonable terms of employment, and whether it complied with the good faith bargaining provisions of the Fair Work Act 2009. Additionally, the Commission needed to consider whether the agreement met the requirements for approval under section 234 of the Act. The Commission examined the content of the agreement, the bargaining process, and the compliance with the statutory requirements.

The Fair Work Commission found that the Cleanaway Liquids WA Enterprise Agreement 2017 met the requirements of the Fair Work Act 2009. The agreement provided for mechanisms to resolve disputes, ensured fair and reasonable terms of employment, and complied with the good faith bargaining provisions. The Commission concluded that the agreement was appropriate for approval and met the statutory requirements for enterprise agreements. Consequently, the Fair Work Commission approved the Cleanaway Liquids WA Enterprise Agreement 2017.

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