DECISION

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

Cleanaway Operations Pty Ltd
(AG2016/3128)

CLEANAWAY GYMPIE ENTERPRISE AGREEMENT 2016

Waste management industry
COMMISSIONER SPENCER	BRISBANE, 13 MAY 2016

Application for approval of the Cleanaway Gympie Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Gympie 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] 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, relating to public holiday entitlements and annual leave, have been provided by the employer and are attached to the Agreement. The undertaking has been signed by the employee bargaining representative 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, 20 May 2016. The nominal expiry date of the Agreement is 20 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Cleanaway Operations Pty Ltd, the applicant sought approval of the Cleanaway Gympie Enterprise Agreement 2016. This agreement, which was to replace the Cleanaway Gympie Enterprise Agreement 2014, was being brought before the Court for approval under section 196 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for workers at the Gympie site, with the applicant asserting that the agreement was fair and appropriate for the workforce.

The court was required to decide whether the agreement met the criteria for approval as set out in the Act. Specifically, the court needed to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. Additionally, the court had to examine whether the agreement provided for a direct or indirect relationship between the employer and the employees, and whether it covered the majority of the workforce at the site.

The court, after thorough examination, determined that the Cleanaway Gympie Enterprise Agreement 2016 met all the necessary criteria for approval. It found that the agreement was fair and reasonable, was made in good faith, and provided for a direct relationship between the employer and employees. The court also accepted that the agreement covered the majority of the workforce and thus complied with the statutory requirements. Accordingly, the court approved the agreement, thereby enabling its implementation from the effective date specified within the document.

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