Cleanaway Operations Pty Ltd

[2024] FWCA 2315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2024/1832)

CLEANAWAY SYDNEY METROPOLITAN & CENTRAL COAST MECHANICS ENTERPRISE AGREEMENT 2023

Waste management industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 21 JUNE 2024

Application for approval of the Cleanaway Sydney Metropolitan & Central Coast Mechanics Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Cleanaway Sydney Metropolitan & Central Coast Mechanics Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 June 2024. The nominal expiry date of the Agreement is 20 June 2028.

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Transport Workers’ Union of Australia.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Cleanaway Operations Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The agreement was intended to govern the terms and conditions of employment for its employees in the Sydney Metropolitan and Central Coast regions. The Commission was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The dispute centred around the procedural fairness of the agreement, including whether the applicant had taken sufficient steps to ensure that employees had an opportunity to express their views on the agreement and whether the applicant had adequately considered those views in formulating the agreement.

The key legal issues before the Commission were whether the applicant had complied with the procedural requirements of the Fair Work Act, specifically in relation to the notification of employees about the agreement and the opportunity for employees to provide feedback. The Commission also had to consider whether the applicant had taken reasonable steps to ensure that employees were adequately informed about the agreement and had a meaningful opportunity to express their views. The applicant argued that it had taken sufficient steps to comply with the Act, while the respondent contended that the applicant had fallen short of the required standards.

In determining the matter, the Commission considered the evidence provided by both parties and the relevant statutory provisions. The Commission found that the applicant had taken reasonable steps to ensure that employees were informed about the agreement and had an opportunity to provide feedback. The Commission noted that the applicant had provided written notices to employees, held meetings, and made the agreement available on its intranet. While there were some shortcomings in the process, the Commission concluded that these did not amount to a failure to comply with the procedural requirements of the Act. The Commission was satisfied that the applicant had considered the feedback received from employees and had made changes to the agreement where appropriate. The Commission approved the agreement, finding that it met the requirements of the Act.

The Fair Work Commission approved the Cleanaway Sydney Metropolitan & Central Coast Mechanics Enterprise Agreement 2023, subject to the terms and conditions set out in the order. The applicant was required to provide a copy of the approved agreement to the Commission within 28 days of the decision. The Commission also directed the applicant to take certain steps to ensure that employees were informed about the approved agreement and had an opportunity to ask questions and seek clarification. The applicant was further required to provide a report to the Commission within 90 days of the decision, outlining the steps taken to implement the agreement and any issues that had arisen.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established