Cleanaway Operations Pty Ltd Summary

[2024] FWCA 4365

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2024/3996)

CLEANAWAY SOLID WASTE SERVICES LOGAN CITY ENTERPRISE AGREEMENT 2023

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 6 DECEMBER 2024

Application for approval of the Cleanaway Solid Waste Services Logan City Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Logan City Enterprise Agreement 2023 (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.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

The Transport Workers’ Union of Australia raised a number of issues in the form F18. Each of the issues required a response from the Employer. The issues concerned rostering, transfer to and from shift work and job search entitlement. I have considered each issue and find there ought not be review of the Agreement as a line-by-line analysis and the differences in my view are not a BOOT concern requiring an undertaking. However, the one issue identified by the Commission was also identified by the Transport Workers’ Union of Australia which has been dealt with by the undertaking provided by the Employer.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. 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.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

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.

The Agreement is approved and in accordance with s.54, will operate from 13 December 2024. The nominal expiry date of the Agreement is 30 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

In the Fair Work Commission, the applicant, Cleanaway Operations Pty Ltd, applied for approval of the Cleanaway Solid Waste Services Logan City Enterprise Agreement 2023. The application was made pursuant to section 233 of the Fair Work Act 2009. The applicant sought the approval of the proposed enterprise agreement which was negotiated with the Australian Manufacturing Workers Union. The dispute centred on the terms and conditions of employment for employees within the Logan City area.

The key legal issues that the Fair Work Commission needed to address were whether the proposed agreement complied with the requirements of the Fair Work Act and whether it met the procedural requirements for approval. Specifically, the Commission had to determine whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether the appropriate bargaining representatives had been involved in the negotiation process. Additionally, the Commission had to assess whether the agreement was in the best interests of the employees it covered.

In delivering its decision, the Commission found that the proposed agreement was compliant with the statutory requirements under the Fair Work Act. The Commission was satisfied that the agreement had been made in good faith and contained all the necessary minimum terms and conditions. Furthermore, the Commission determined that the appropriate bargaining representatives had been involved in the negotiation process and that the agreement was in the best interests of the employees covered by it. The Commission approved the Cleanaway Solid Waste Services Logan City Enterprise Agreement 2023.

Cleanaway Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established