Cleanaway Operations Pty Ltd

[2023] FWCA 1382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2023/1207)

CLEANAWAY ERSKINE PARK LANDFILL ENTERPRISE AGREEMENT 2023

Waste management industry
DEPUTY PRESIDENT DEAN	CANBERRA, 15 MAY 2023

Application for approval of the Cleanaway Erskine Park Landfill Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Cleanaway Erskine Park Landfill 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 (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

The consultation term in the Agreement does not meet the requirements of s.205(1A) 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2023. The nominal expiry date of the Agreement is 15 May 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd recently appeared before the Fair Work Commission in an application seeking approval of the Cleanaway Erskine Park Landfill Enterprise Agreement 2023. The applicant, Cleanaway, sought to establish terms and conditions for its employees working at the Erskine Park landfill site. The dispute arose from the negotiation process between Cleanaway and the relevant employee representatives, leading to the proposed agreement.

The key legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission had to consider if the agreement provided for fair and reasonable terms and conditions, ensuring it did not adversely affect employees' general entitlement to minimum rates of pay, leave, or other benefits. The application also necessitated a review of the fairness and transparency of the negotiation process, as well as whether the agreement adequately protected employees' rights and interests.

The Commission carefully examined the contents of the proposed agreement, assessing whether it complied with the provisions of the Fair Work Act. It considered the negotiation process, the terms of the agreement, and the impact on employees. The Commission concluded that the agreement provided fair and reasonable terms, ensuring it did not undermine employees' rights and benefits. It found the negotiation process to be fair and transparent, with adequate representation and consultation. Consequently, the Commission approved the Cleanaway Erskine Park Landfill Enterprise Agreement 2023, finding it to be in accordance with the requirements of the Act.

The Fair Work Commission approved the Cleanaway Erskine Park Landfill Enterprise Agreement 2023, confirming its compliance with the statutory requirements. The Commission's decision affirmed that the agreement met the necessary standards for fairness and reasonableness, and it would not adversely affect employees' rights and benefits. This decision ensures that the terms and conditions for employees at the Erskine Park landfill site are appropriately governed under 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