Cleanaway Operations Pty Ltd

[2016] FWCA 2214

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cleanaway Operations Pty Ltd

(AG2016/2595)

CLEANAWAY - SOLIDS TOWNSVILLE REGION ENTERPRISE

AGREEMENT 2016

Waste management industry

COMMISSIONER SPENCER

BRISBANE, 12 APRIL 2016

Application for approval of the Cleanaway - Solids Townsville Region Enterprise Agreement

2016.

[1] An application has been made for approval of an enterprise agreement known as the

Cleanaway - Solids Townsville Region 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 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, 19 April 2016. The nominal expiry date of the

Agreement is 31 January 2019.
[2016] FWCA 2214

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Cleanaway Operations Pty Ltd, which applied for the approval of a single-enterprise agreement under the Fair Work Act 2009. The Transport Workers' Union of Australia (TWU) is the bargaining representative for the agreement. The application pertains to the Cleanaway - Solids Townsville Region Enterprise Agreement 2016, which aims to regulate the employment conditions within the waste management industry in the Townsville region.

The primary legal issue the court had to resolve was whether the Cleanaway - Solids Townsville Region Enterprise Agreement 2016 met the statutory requirements for approval under the Fair Work Act 2009. This involved verifying that the application process was correctly followed, the agreement's terms were adequately communicated and accepted by the relevant parties, and the agreement included the necessary written undertakings. The court also had to ensure that the agreement adhered to the relevant provisions of sections 186, 187, and 188 of the Act.

Commissioner Spencer determined that all conditions for approval had been met. The agreement was found to comply with the requirements of the Fair Work Act, including the proper notice and inclusion of written undertakings signed by the relevant parties. The agreement was approved and would come into effect seven days after the approval date, as per section 54 of the Act. The agreement was set to expire on 31 January 2019.

No further orders were specified in the decision. The court's ruling effectively concluded that the Cleanaway - Solids Townsville Region Enterprise Agreement 2016 was compliant with the Fair Work Act and was thus approved for implementation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established