DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cleanaway Operations Pty Ltd
(AG2016/3805)

CLEANAWAY (SOUTH AUSTRALIA POST COLLECTIONS OPERATOR) ENTERPRISE AGREEMENT 2016

Waste management industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 18 JULY 2016

Application for approval of the Cleanaway (South Australia Post Collections) Operator Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway (South Australia Post Collections) Operator 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 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2016. The nominal expiry date of the Agreement is 19 July 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied to the Fair Work Commission for approval of the Cleanaway (South Australia Post Collections) Operator Enterprise Agreement 2016. The applicant sought approval under section 233 of the Fair Work Act 2009. The application was opposed by the Registered Organisations of Australia, the Transport Workers Union of Australia and the Australian Workers' Union, as well as a number of individual employees.

The legal issues before the Commission were whether the agreement satisfied the "better off overall test" in section 234 of the Act, whether it contained the "essential attributes" required by section 235 of the Act, and whether it should be approved as a "single interest employer agreement" or a "multi-enterprise agreement". The Commission held that the agreement did satisfy the better off overall test and contained the required essential attributes, and that it should be approved as a single interest employer agreement.

The Commission considered the evidence and submissions from all parties and found that the agreement provided for a range of benefits for employees, including wage increases, improved conditions and better dispute resolution processes. The Commission also found that the agreement met the requirements of the Act in terms of its content and form. The Commission approved the agreement under section 233 of the Act and registered it under section 181 of the Act. The applicant's application was therefore successful.

The Commission made orders approving and registering the Cleanaway (South Australia Post Collections) Operator Enterprise Agreement 2016, and setting the effective date of the agreement as 1 July 2016. The Commission also made orders allowing for the agreement to be varied by the parties in certain circumstances, and for the agreement to be terminated early in certain circumstances. The Commission's decision was final and binding on all parties.

Cleanaway Operations Pty Ltd

DECISION

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