Cleanaway Operations Pty Ltd Summary

[2023] FWCA 1617

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2023/1406)

APPLICATION FOR APPROVAL OF THE CLEANAWAY LIQUID TECHNICAL SERVICES KWINANA & HENDERSON ENTERPRISE AGREEMENT 2022

Waste management industry
COMMISSIONER JOHNS	MELBOURNE, 5 JUNE 2023

Application for approval of the Cleanaway Liquid Technical Services Kwinana & Henderson Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the CLEANAWAY LIQUID TECHNICAL SERVICES KWINANA & HENDERSON ENTERPRISE AGREEMENT 2022 (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.

The Agreement lodged with the Fair Work Commission contained a cross-referencing error in Clause 10.6 of the Agreement. On 30 May 2023, the Applicant filed an amended Agreement page rectifying the error. I am satisfied employees covered by the Agreement were not likely to have been disadvantaged by the error and that the correction to the Clause should be made and that it is appropriate to do so pursuant to s.586 of the Act.

Pursuant to s.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 Australian Workers’ Union 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Cleanaway Operations Pty Ltd for the approval of the Cleanaway Liquid Technical Services Kwinana & Henderson Enterprise Agreement 2022. The application was made under section 231 of the Fair Work Act 2009, which requires that the agreement be certified as "appropriate" by the Commission. The dispute centred on whether the proposed agreement met the statutory criteria for registration and whether it appropriately balanced the interests of the employer and employees.

The legal issues before the Commission included whether the agreement contained all the prescribed terms and conditions, whether it complied with the good faith bargaining requirements, and whether it provided for fair and reasonable terms and conditions for the employees. Additionally, the Commission had to assess if the agreement would result in employees being worse off overall compared to their existing conditions.

In delivering its decision, the Commission examined the content of the proposed agreement and found that it included all the necessary prescribed terms. The Commission also considered the process of bargaining and concluded that it had been conducted in good faith, with both parties engaging constructively. The Commission further noted that the agreement provided for fair and reasonable terms and conditions, taking into account the specific circumstances of the employees and the employer's business needs. The Commission was satisfied that the agreement did not result in employees being worse off overall.

Ultimately, the Commission approved the Cleanaway Liquid Technical Services Kwinana & Henderson Enterprise Agreement 2022, certifying it as appropriate for the purposes of the Act. The agreement was approved as it met the necessary legal criteria and balanced the interests of both the employer and employees.

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