DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2016/2502)

CLEANAWAY INDUSTRIAL SOLUTIONS GLADSTONE ALUMINIUM OPERATORS GREENFIELDS AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 21 MARCH 2016

Application for approval of the Cleanaway Industrial Solutions Gladstone Aluminium Operators Greenfields Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the Cleanaway Industrial Solutions Gladstone Aluminium Operators Greenfields Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Cleanaway Operations Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 28 March 2016. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court involved Cleanaway Operations Pty Ltd, which sought approval for the Cleanaway Industrial Solutions Gladstone Aluminium Operators Greenfields Agreement 2016. The dispute centred on the terms of the agreement, which were to be approved under the relevant industrial legislation. The case was heard in the Fair Work Commission, the body with jurisdiction over such industrial matters.

The primary legal issues for determination were whether the agreement met the statutory requirements for approval and whether it provided for fair terms and conditions of employment. The Commission needed to assess whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it was made in good faith. Furthermore, the Commission considered whether the agreement was likely to achieve improved productivity and efficiency in the workplace.

In delivering its decision, the Commission examined the evidence presented by both parties. It took into account the submissions made by Cleanaway Operations and the objections raised by the unions. The Commission found that the agreement satisfied the statutory criteria for approval. It determined that the agreement was made in good faith, met the requirements of the Fair Work Act, and was likely to achieve the desired improvements in productivity and efficiency. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and the employer.

The Fair Work Commission approved the Cleanaway Industrial Solutions Gladstone Aluminium Operators Greenfields Agreement 2016, dismissing the objections raised by the unions. The Commission's decision was based on the evidence presented and its finding that the agreement complied with the relevant legislation and was in the best interests of the parties involved.

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