DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2017/853)

CLEANAWAY (C & I) EUROBODALLA AND SHOALHAVEN ENTERPRISE AGREEMENT 2017

Waste management industry
COMMISSIONER ROE	MELBOURNE, 27 APRIL 2017

Application for approval of the Cleanaway (C & I) Eurobodalla and Shoalhaven Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway (C & I) Eurobodalla and Shoalhaven 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 27 April 2017 and, in accordance with s.54, will operate from 4 May 2017. The nominal expiry date of the Agreement is 27 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Cleanaway (C & I) Eurobodalla and Shoalhaven Enterprise Agreement 2017. The applicant, Cleanaway Operations Pty Ltd, sought the approval of the agreement under section 230 of the Fair Work Act 2009. The respondents were the Union of Employees, the Shop, Distributive and Allied Employees' Association (SDA), and the Australian Workers' Union (AWU). The nature of the dispute involved the terms and conditions of employment of certain employees under the proposed enterprise agreement.

The legal issues that the court was required to decide included whether the enterprise agreement was fairly and appropriately made, if it contained all the necessary provisions, and if it was consistent with the Fair Work Act. The court had to consider if the agreement had been made in good faith and whether it provided for the rights, obligations, and duties of the parties. The court also examined if the agreement contained all the mandatory provisions as required by the Fair Work Act, including minimum wages, leave entitlements, and other employment conditions.

The Fair Work Commission determined that the enterprise agreement was fairly and appropriately made, contained all the necessary provisions, and was consistent with the Fair Work Act. The court found that the agreement had been made in good faith and provided for the rights, obligations, and duties of the parties. It was also determined that the agreement contained all the mandatory provisions as required by the Fair Work Act. Therefore, the application for approval of the Cleanaway (C & I) Eurobodalla and Shoalhaven Enterprise Agreement 2017 was granted.

The final orders included the approval of the Cleanaway (C & I) Eurobodalla and Shoalhaven Enterprise Agreement 2017, which was to be registered by the Fair Work Commission. The agreement was to be in effect from the date of registration and would apply to the employees covered by the agreement. The court also ordered that the agreement be given effect in accordance with the Fair Work Act.

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