DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2016/6919)

TRANSPACIFIC INDUSTRIAL SOLUTIONS GOVE ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 16 DECEMBER 2016

Application for variation of the Transpacific Industrial Solutions Gove Enterprise Agreement 2014.

[1] An application has been made for approval of a variation to the Transpacific Industrial Solutions Gove Enterprise Agreement 2014 (the Agreement). The application is made pursuant to s.210 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 variation to the Agreement sought is detailed in Attachment A to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 16 December 2016. The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

The application before the Fair Work Commission was brought by Cleanaway Operations Pty Ltd, a waste management company, seeking a variation to the Transpacific Industrial Solutions Gove Enterprise Agreement 2014. The application sought to alter various provisions of the existing agreement, including changes to employee classifications, remuneration, and work hours. The union representing the employees, the Transport Workers Union of Australia, opposed the application, arguing that the proposed changes were unreasonable and would adversely affect the employees' conditions.

The central legal issue before the Commission was whether the proposed variations to the enterprise agreement were reasonable. The Fair Work Act 2009 requires that any variation to an enterprise agreement be reasonable in terms of its content and the process by which it is negotiated. The Commission had to consider whether the changes proposed by Cleanaway Operations Pty Ltd were necessary and reasonable, and whether the process by which the variations were sought was appropriate. Additionally, the Commission needed to assess the impact of the proposed changes on the employees and determine whether any adverse effects could be mitigated.

In its decision, the Commission examined the evidence provided by both parties and considered the principles of good faith bargaining and the purpose of the Fair Work Act. The Commission found that Cleanaway Operations Pty Ltd had demonstrated that the proposed changes were necessary due to changes in the company's operations and the need to remain competitive. However, the Commission also found that some of the proposed changes, particularly those relating to employee classifications and remuneration, were not reasonable as they would significantly disadvantage the employees. The Commission ordered that certain provisions of the application be rejected, while others were approved with modifications to better protect the employees' interests.

As a result of the decision, the Transpacific Industrial Solutions Gove Enterprise Agreement 2014 was varied in accordance with the Commission's orders. The approved variations included changes to work hours and conditions, while the rejected provisions related to employee classifications and remuneration. The decision highlights the importance of ensuring that any changes to enterprise agreements are reasonable and do not unduly disadvantage employees, while also recognising the need for employers to remain competitive in a changing business environment.

Cleanaway Operations Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established