DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2016/3316)

CLEANAWAY INDUSTRIAL SOLUTIONS WOLLONGONG ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 3 JUNE 2016

Application for approval of the Cleanaway Industrial Solutions Wollongong Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Industrial Solutions Wollongong 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.

[3] The Australian Workers’ Union 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 is approved and, in accordance with s.54 of the Act, will operate from 10 June 2016. The nominal expiry date of the Agreement is 18 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Cleanaway Operations Pty Ltd, sought approval of the Cleanaway Industrial Solutions Wollongong Enterprise Agreement 2016. This agreement, intended to govern the employment conditions of its employees, was being challenged by the respondents, who included various unions representing the employees. The application was heard by the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction over employment matters.

The central legal issue revolved around whether the agreement met the statutory requirements under the Fair Work Act 2009 for an enterprise agreement to be approved. Specifically, the court needed to determine if the agreement was made in good faith and if it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the court had to assess whether the agreement had been fairly negotiated and if it provided for the proper protection of employees' rights and interests.

The Commission examined the process through which the agreement was negotiated and concluded that it was made in good faith. It found that all mandatory terms had been included and that the agreement was not less favourable than the applicable awards or the general law. The Commission held that the agreement did not disadvantage employees, and it was satisfied that the negotiation process was fair and transparent. Consequently, the Commission approved the Cleanaway Industrial Solutions Wollongong Enterprise Agreement 2016.

The Fair Work Commission approved the agreement, thereby enabling it to be registered and enforceable. The decision underscored the importance of ensuring that enterprise agreements are negotiated fairly and contain all mandatory terms, thus safeguarding the rights of both employers and employees.

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