Cleanaway Operations Pty Ltd

[2023] FWCA 1612

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2023/1273)

CLEANAWAY INDUSTRIAL SERVICES QUEENSLAND ENTERPRISE AGREEMENT 2022

Industries not otherwise assigned
DEPUTY PRESIDENT BOYCE	SYDNEY, 2 JUNE 2023

Application for approval of the Cleanaway Industrial Services Queensland Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Cleanaway Industrial Services Queensland Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cleanaway Operations Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 2 June 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisations

The Australian Workers’ Union, and Transport Workers’ Union of Australia, both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Model consultation clause

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.

Conclusion

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

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2023. The nominal expiry date of the Agreement is 1 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, Cleanaway Operations Pty Ltd applied for the approval of the Cleanaway Industrial Services Queensland Enterprise Agreement 2022. The applicant sought the approval of the enterprise agreement from the Fair Work Commission under the Fair Work Act 2009. The agreement, which was proposed by the applicant, aimed to govern the employment terms and conditions of the employees within the specified enterprise. The primary dispute centred around whether the proposed agreement met the legal requirements for approval, including whether it provided fair and reasonable terms for the employees involved.

The key legal issues before the court were whether the proposed enterprise agreement was genuinely bargained, met the provisions for fair and reasonable terms, and was in the best interest of the employees. The court had to consider the process of negotiation, the content of the agreement, and its impact on the employees. It was necessary to determine whether the agreement was negotiated in good faith, whether it provided for fair and reasonable terms, and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the court needed to assess whether the agreement was fair and beneficial to the employees and whether it complied with the Fair Work Commission's guidelines.

The Fair Work Commission, after considering the evidence and arguments presented by both parties, concluded that the proposed enterprise agreement met the legal requirements for approval. The court found that the agreement was genuinely bargained, provided for fair and reasonable terms, and was in the best interest of the employees. The court was satisfied that the negotiation process was conducted in good faith and that the agreement was fair and beneficial to the employees. The court also noted that the agreement complied with the relevant provisions of the Fair Work Act and the guidelines set by the Fair Work Commission.

The Fair Work Commission approved the Cleanaway Industrial Services Queensland Enterprise Agreement 2022. The court ordered that the agreement be approved and registered with the Fair Work Commission. The approval was subject to the terms and conditions set out in the agreement, and the agreement would be binding on the parties from the date of registration. The court also noted that the agreement would provide for the fair and reasonable terms and conditions of employment for the employees within the specified enterprise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established