DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2016/2478)

CLEANAWAY ACT (C&I) DEPOT ENTERPRISE AGREEMENT 2015

Australian Capital Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 31 MARCH 2016

Application for approval of the Cleanaway ACT (C&I) Depot Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway ACT (C&I) Depot 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.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Transport Workers’ Union of Australia 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 April 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case involved Cleanaway Operations Pty Ltd and the relevant unions, where an application was made to the Fair Work Commission for the approval of the Cleanaway ACT (C&I) Depot Enterprise Agreement 2015. The primary dispute centred on whether the agreement adequately addressed the conditions and entitlements of employees working at the Cleanaway facility in the ACT, particularly in relation to shift differentials, penalty rates, and the classification of employees. The matter was heard in the Fair Work Commission of Australia.

The key legal issues before the Commission included whether the proposed agreement provided fair and reasonable terms and conditions for employees, and if it complied with relevant industrial legislation. Specifically, the Commission had to determine if the agreement's provisions on shift differentials and penalty rates met the requirements of fairness and reasonableness, and if the classification of employees was consistent with their roles and responsibilities.

In its decision, the Commission found that the proposed agreement did not adequately address the fairness of shift differentials and penalty rates. The Commission noted that the agreement failed to provide clear and justifiable criteria for these entitlements, which is essential for maintaining industrial harmony and fairness. The Commission also found issues with the classification of employees, stating that some roles were not accurately reflected in the agreement. As a result, the Commission did not approve the agreement. The Commission directed the parties to return to the negotiation table to address these issues and to ensure that the agreement met the statutory requirements of fairness and reasonableness.

Ultimately, the Commission's decision underscored the importance of clear, justifiable, and fair terms in enterprise agreements. The case highlights the need for detailed provisions on shift differentials and penalty rates, as well as accurate employee classifications to ensure compliance with industrial laws and to maintain a harmonious workplace.

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