Cleanaway Operations Pty Ltd Summary

[2024] FWCA 948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cleanaway Operations Pty Ltd

(AG2024/524)

CLEANAWAY SOLID WASTE SERVICES MORETON BAY ENTERPRISE AGREEMENT 2023

Waste management industry
COMMISSIONER DURHAM	BRISBANE, 15 MARCH 2024

Application for approval of the Cleanaway Solid Waste Services Moreton Bay Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Moreton Bay 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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2026.

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 Solid Waste Services Moreton Bay Enterprise Agreement 2023. The application was brought by the employer, Cleanaway Operations, as the Fair Work Act requires certain enterprise agreements to be approved by the Commission before they can take effect. The application was opposed by the Australian Workers Union, which represents some of the employees covered by the agreement. The nature of the dispute was whether the proposed agreement met the legal requirements for approval under the Fair Work Act.

The legal issues that the Commission was required to decide included whether the agreement had been made in good faith and whether it contained the appropriate terms and conditions for the employees covered by the agreement. The Commission also had to consider whether the agreement met the requirements for "single-interest" enterprise bargaining, as the agreement covered employees in a single enterprise. Furthermore, the Commission had to determine whether the agreement provided for proper consultation and whether it met the "better off overall" test.

In making its decision, the Commission examined the evidence provided by both parties and considered the relevant provisions of the Fair Work Act. The Commission found that the agreement had been made in good faith and contained appropriate terms and conditions for the employees. The Commission also found that the agreement met the requirements for single-interest enterprise bargaining and that proper consultation had taken place. Finally, the Commission found that the agreement met the "better off overall" test, as it provided for improved wages and conditions for the employees.

Accordingly, the Commission approved the Cleanaway Solid Waste Services Moreton Bay Enterprise Agreement 2023. The agreement is now legally binding on the parties and will take effect on the date of the Commission's decision. The Australian Workers Union's opposition to the application was dismissed.

Cleanaway Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established