Cleanaway Operations Pty Ltd

[2024] FWCA 3514

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2024/3557)

CLEANAWAY LIQUID & TECHNICAL SERVICES KOORAGANG ISLAND DRIVERS & PLANT OPERATORS ENTERPRISE AGREEMENT 2024

Waste management industry
COMMISSIONER MIRABELLA	MELBOURNE, 4 OCTOBER 2024

Application for approval of the Cleanaway Liquid & Technical Services Kooragang Island Drivers & Plant Operators Enterprise Agreement 2024.

Cleanaway Operations Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Cleanaway Liquid & Technical Services Kooragang Island Drivers & Plant Operators Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. Both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 4 October 2024 and, in accordance with s.54, will operate from 11 October 2024. The nominal expiry date of the Agreement is 31 August 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied to the Fair Work Commission for approval of the Cleanaway Liquid & Technical Services Kooragang Island Drivers & Plant Operators Enterprise Agreement 2024. The applicant sought to establish a new enterprise agreement for its drivers and plant operators at the Kooragang Island facility, replacing the previous agreement which had expired. The dispute centred on whether the proposed terms and conditions were fair and reasonable, and whether the agreement complied with relevant industrial legislation.

The court had to decide whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement contained minimum terms, whether it was free from prohibited content, and whether it had been made in good faith. Additionally, the court examined whether the agreement provided appropriate mechanisms for the resolution of disputes and whether it was likely to promote streamlined, productive and flexible workplace relations.

The Fair Work Commission found that the proposed agreement contained all the required minimum terms and was free from prohibited content. The court concluded that the agreement had been made in good faith and provided appropriate mechanisms for dispute resolution. The commission was satisfied that the agreement would promote streamlined, productive and flexible workplace relations. Therefore, the application for approval was granted.

The Fair Work Commission approved the Cleanaway Liquid & Technical Services Kooragang Island Drivers & Plant Operators Enterprise Agreement 2024, effective from the date of the decision. The agreement is to be registered with the Fair Work Commission and will govern the employment terms and conditions of the drivers and plant operators at the Kooragang Island facility.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established