Cleanaway Operations Pty Ltd

Case [2024] FWCA 2784
[2024] FWCA 2784

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2024/2534)

CLEANAWAY LIQUID TECHNICAL SERVICES HOMEBUSH PLANT OPERATORS ENTERPRISE AGREEMENT 2024

Waste management industry

COMMISSIONER MCKINNON

SYDNEY, 29 JULY 2024

Application for approval of the Cleanaway Liquid Technical Services Homebush Plant Operators Enterprise Agreement 2024

  1. Cleanaway Operations Pty Ltd has applied for approval of a single enterprise agreement known as the Cleanaway Liquid Technical Services Homebush Plant Operators Enterprise Agreement 2024 (the Agreement).

  1. On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

  1. The Agreement is approved and will operate from 5 August 2024. The nominal expiry date of the Agreement is 30 June 2028.

  1. The Agreement covers The Australian Workers’ Union.

COMMISSIONER


[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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Details
AGLC
Cleanaway Operations Pty Ltd [2024] FWCA 2784
Case
[2024] FWCA 2784
Decision Date

CaseChat Overview and Summary

The parties to this matter were Cleanaway Operations Pty Ltd, the applicant, and the Fair Work Commission, the respondent. The nature of the dispute centred around the application for approval of the Cleanaway Liquid Technical Services Homebush Plant Operators Enterprise Agreement 2024. The case was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issues the court was required to decide were whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically whether the agreement was in the best interests of the employees, and whether it complied with the procedural fairness requirements. The court had to consider the fairness and reasonableness of the agreement's terms and conditions, including any potential impact on employees' employment conditions.

The court thoroughly examined the evidence presented by both parties, including submissions from Cleanaway Operations and feedback from employees. The court concluded that the agreement was fair and reasonable and met the necessary criteria under the Fair Work Act. The court noted the agreement's provisions provided a balanced outcome for both the employer and employees, including provisions for wages, working conditions, and dispute resolution mechanisms. The court was satisfied that the agreement was in the best interests of the employees and complied with the procedural fairness requirements.

The Fair Work Commission approved the Cleanaway Liquid Technical Services Homebush Plant Operators Enterprise Agreement 2024, confirming its validity and enforceability. The decision emphasised the importance of fair and reasonable enterprise agreements in promoting harmonious industrial relations and protecting the rights of both employers and employees.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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