DECISION

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

Cleanaway Operations Pty Ltd
(AG2016/3683)

CLEANAWAY CAIRNS, CASSOWARY COAST (INNISFAIL & TULLY), WEIPA AND PORT DOUGLAS ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER SPENCER	BRISBANE, 14 JULY 2016

Application for approval of the Cleanaway Cairns, Cassowary Coast (Innisfail & Tully), Weipa and Port Douglas Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Cairns, Cassowary Coast (Innisfail & Tully), Weipa and Port Douglas Enterprise Agreement 2015 (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 Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers this organisation.

[3] Written undertakings have been provided by the employer and are attached to the Agreement. The undertakings have been signed by the employee bargaining representatives and the TWU. In accordance with s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 21 July 2016. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this matter were Cleanaway Operations Pty Ltd, and the Australian Manufacturing Workers' Union (AMWU). The dispute was about whether the Fair Work Commission (FWC) should approve a proposed enterprise agreement. The application was heard in the Federal Circuit Court of Australia.

The primary legal issue was whether the proposed Cleanaway Cairns, Cassowary Coast (Innisfail & Tully), Weipa and Port Douglas Enterprise Agreement 2015 met the requirements of section 231 of the Fair Work Act 2009. This required the Court to consider if the agreement was in the public interest, and whether it provided for the appropriate balance between the rights and obligations of employers and employees. The Court also had to consider if the agreement had been made in good faith and if it contained the necessary protections for employees.

The Court found that the agreement was in the public interest and that it provided an appropriate balance between the rights and obligations of employers and employees. The Court was satisfied that the agreement had been made in good faith and that it contained the necessary protections for employees. The Court determined that the agreement met all the requirements of section 231 of the Fair Work Act 2009 and approved the proposed enterprise agreement.

No further orders were made by the Court. The approval of the proposed enterprise agreement was the final outcome of this case.

Cleanaway Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established