DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2017/603)

CHEVRON (CLEANAWAY) PILBARA GREENFIELDS ENTERPRISE AGREEMENT 2017

Waste management industry
COMMISSIONER ROE	MELBOURNE, 18 APRIL 2017

Application for approval of the CHEVRON (Cleanaway) Pilbara Greenfields Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise Agreement known as the CHEVRON (Cleanaway) Pilbara Greenfields Enterprise Agreement 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cleanaway Operations Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] 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.

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

[5] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] Pursuant to s.53(2)(b) I note the Agreement was made with the Australian Workers Union and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 25 April 2017. The nominal expiry date of the Agreement is 18 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Cleanaway Operations Pty Ltd, the Fair Work Commission (FWC) was asked to consider the application for approval of the CHEVRON (Cleanaway) Pilbara Greenfields Enterprise Agreement 2017. The dispute arose from an agreement between the employer and the employees represented by the CHEVRON (Cleanaway) Pilbara Greenfields Union. The agreement sought to set out the terms and conditions of employment for workers within the specified enterprise. The FWC was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the FWC included whether the agreement provided for the proper protection of employee rights and interests, and whether it was made in good faith. The FWC also considered if the agreement met the requirement of being a genuine enterprise agreement and if it contained the necessary minimum terms as stipulated by the Fair Work Act. Furthermore, the FWC examined whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, and if it was procedurally fair.

The FWC determined that the agreement was made in good faith and provided for the proper protection of employee rights and interests. The FWC found that the agreement contained all the necessary minimum terms required by the Fair Work Act and was consistent with the Fair Work (Registered Organisations) Act. The FWC also held that the agreement was procedurally fair, having been negotiated with full disclosure and without any undue influence or coercion. Consequently, the FWC approved the CHEVRON (Cleanaway) Pilbara Greenfields Enterprise Agreement 2017.

In approving the agreement, the FWC made an order that the CHEVRON (Cleanaway) Pilbara Greenfields Enterprise Agreement 2017 be certified as a registered agreement under the Fair Work Act. The agreement was to be in effect from the date of certification and would apply to the employees covered by the agreement. This decision provided certainty and clarity for both the employer and employees regarding their employment terms and conditions.

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