Cleanaway Operations Pty Ltd

[2024] FWCA 3942

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2024/4025)

CLEANAWAY NORTHERN NEW SOUTH WALES (NNSW) REGIONAL DRIVERS ENTERPRISE AGREEMENT 2022

Waste management industry
COMMISSIONER CRAWFORD	SYDNEY, 12 NOVEMBER 2024

Application for approval of the Cleanaway Northern New South Wales (NNSW) Regional Drivers Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Cleanaway Northern New South Wales (NNSW) Regional Drivers Enterprise Agreement 2022 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Cleanaway Operations Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the TWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Cleanaway Operations Pty Ltd, the employer, and the Transport Workers Union of Australia, the employee representative. The dispute centred on the application for approval of the Cleanaway Northern New South Wales (NNSW) Regional Drivers Enterprise Agreement 2022. The Commission was tasked with determining whether the agreement met the criteria set out in the Fair Work Act 2009 for being a valid and appropriate enterprise agreement.

The central legal issue before the Commission was whether the agreement was a "bargained agreement" as defined in the Fair Work Act. This required the Commission to consider whether the agreement was made in good faith and involved genuine bargaining between the parties. Additionally, the Commission had to determine if the agreement complied with the procedural requirements outlined in the Act, including the provision of necessary information and the opportunity for parties to make submissions.

The Fair Work Commission found that the agreement was indeed a bargained agreement, as it was made in good faith and involved genuine bargaining. The evidence presented demonstrated that the parties had engaged in discussions and negotiations, leading to the terms and conditions outlined in the agreement. Furthermore, the Commission concluded that the agreement met all procedural requirements and was compliant with the Fair Work Act. As a result, the Commission approved the Cleanaway Northern New South Wales (NNSW) Regional Drivers Enterprise Agreement 2022.

The Fair Work Commission's decision resulted in the approval of the Cleanaway Northern New South Wales (NNSW) Regional Drivers Enterprise Agreement 2022. This approval ensures that the agreement will be recognised as a valid enterprise agreement, providing a framework for the terms and conditions of employment for the relevant drivers. The decision reinforces the importance of genuine bargaining and compliance with statutory requirements in the formation of enterprise agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established