DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2016/4533)

CLEANAWAY LIQUIDS TOWNSVILLE PLANT & VEHICLE WORKSHOPS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 12 AUGUST 2016

Application for approval of the Cleanaway Liquids Townsville Plant & Vehicle Workshops Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Liquids Townsville Plant & Vehicle Workshops 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement was approved on 12 August 2016 and, in accordance with s.54, will operate from 19 August 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Cleanaway Operations Pty Ltd, the applicant sought approval for the Cleanaway Liquids Townsville Plant & Vehicle Workshops Enterprise Agreement 2016. The dispute arose in the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the necessary criteria for approval, including compliance with the Act and fairness provisions.

The primary legal issues before the Commission were whether the agreement provided for terms and conditions that were no worse off and better off than those provided by the relevant industrial instruments. The Commission also had to consider whether the agreement was procedurally sound, with adequate consultation and negotiation processes. The fairness of the agreement, including its impact on employee rights and protections, was another crucial aspect of the decision.

The Commission found that the agreement was procedurally sound, having been negotiated in good faith with adequate consultation. It was determined that the agreement did not result in employees being worse off, and in some cases, it provided for improvements to terms and conditions. The Commission concluded that the agreement met the statutory requirements for approval and was fair and reasonable. Therefore, the application for approval was granted.

The Fair Work Commission approved the Cleanaway Liquids Townsville Plant & Vehicle Workshops Enterprise Agreement 2016, recognising it as meeting the necessary criteria under the Fair Work Act 2009. The approval included the agreement's terms and conditions, which the Commission found to be fair and reasonable, ensuring no employees would be worse off and some would be better off than under the previous industrial instruments.

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