DECISION

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

Cleanaway Operations Pty Ltd
(AG2016/2486)

CLEANAWAY GREATER WIDE BAY ENTERPRISE AGREEMENT 2016

Waste management industry
COMMISSIONER SPENCER	BRISBANE, 12 APRIL 2016

Application for approval of the Cleanaway Greater Wide Bay Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Greater Wide Bay 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 1 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied for approval of the Cleanaway Greater Wide Bay Enterprise Agreement 2016. The respondent, the Independent Education Union of Australia (Queensland Branch), raised objections to the approval. The application was heard in the Fair Work Commission. The legal issues for the Commission to determine were whether the agreement met the criteria for approval under the Fair Work Act 2009, and whether the agreement was made in good faith and provided for the proper regulation of employment conditions. The Commission considered the evidence provided by both parties and examined the provisions of the agreement. It found that the agreement satisfied the requirements of the Act, including being made in good faith and providing for the proper regulation of employment conditions. The Commission also noted that the agreement provided for appropriate mechanisms for the resolution of disputes and the protection of employees' rights. Accordingly, the Commission approved the Cleanaway Greater Wide Bay Enterprise Agreement 2016. The Commission made an order approving the agreement, and the application was dismissed.

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