DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2017/890)

CLEANAWAY LIQUIDS MACKAY REGION (DRIVERS) ENTERPRISE AGREEMENT 2016

Waste management industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 MAY 2017

Application for approval of the Cleanaway Liquids Mackay Region (Drivers) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Liquids Mackay Region (Drivers) Enterprise Agreement 2016 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 8 May 2017 and, in accordance with s.54, will operate from 15 May 2017. The nominal expiry date of the Agreement is 31 August 2019.

DEPUTY PRESIDENT

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 Liquids Mackay Region (Drivers) Enterprise Agreement 2016. The application was made under section 232 of the Fair Work Act 2009. The respondent, the Transport Workers Union of Australia, did not object to the application.

The central legal issue before the Fair Work Commission was whether the enterprise agreement met the criteria for approval under section 230 of the Fair Work Act. This required the Commission to determine if the agreement provided for a fair and efficient system for determining employees' rates of pay and other conditions of employment. Additionally, the Commission had to ensure the agreement did not undermine the safety and health of employees or the public.

The Fair Work Commission found that the enterprise agreement was fair and efficient, providing clear and transparent terms for pay and conditions. The Commission noted that the agreement included provisions for dispute resolution and mechanisms to address potential safety concerns. The union's lack of objection and the absence of any significant issues raised by the employees supported the approval of the agreement. Consequently, the application for approval was granted.

The Fair Work Commission approved the Cleanaway Liquids Mackay Region (Drivers) Enterprise Agreement 2016, confirming it met the statutory criteria for fairness and efficiency. The decision was made in the absence of any objections or raised concerns from the respondent or employees.

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