Cleanaway Operations Pty Ltd

[2024] FWCA 1494

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2024/1008)

CLEANAWAY CONTAINER DEPOSIT SCHEME VICTORIAN ENTERPRISE AGREEMENT 2023

Waste management industry
COMMISSIONER LEE	MELBOURNE, 22 APRIL 2024

Application for approval of the Cleanaway Container Deposit Scheme Victorian Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Cleanaway Container Deposit Scheme Victorian 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.

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

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 of the Act, will operate from 29 April 2024. The nominal expiry date of the Agreement is 22 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Cleanaway Operations Pty Ltd, seeking approval for the Cleanaway Container Deposit Scheme Victorian Enterprise Agreement 2023. This agreement was the outcome of negotiations between the company and its employees, aiming to establish the terms of employment for certain workers. The application for approval was brought before the Fair Work Commission, which was tasked with ensuring the agreement complied with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the requirements for an enterprise agreement under the Act, and if it was made in good faith. This included assessing whether the agreement covered appropriate bargaining units and if the process for making the agreement was fair and transparent. The Commission also had to consider if the terms of the agreement were in the best interests of the employees involved and if they complied with the provisions of the Fair Work Act, including the inclusion of the protected action provisions.

In delivering its decision, the Commission undertook a detailed examination of the bargaining process and the terms of the agreement. It found that the agreement was made in good faith and was appropriately negotiated. The Commission noted that the bargaining process was transparent and involved the appropriate bargaining representatives. Additionally, the terms of the agreement were deemed to be fair and reasonable, meeting the interests of both the employees and the employer. The Commission was satisfied that the agreement complied with all relevant provisions of the Fair Work Act, and thus approved the Cleanaway Container Deposit Scheme Victorian Enterprise Agreement 2023.

Consequently, the Fair Work Commission approved the agreement, providing that it would be legally binding upon the parties. The agreement was set to take effect from the date of the Commission's approval, ensuring that the terms and conditions of employment for the relevant workers were regulated by the new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established