Cleanaway Operations Pty Ltd Summary

[2023] FWCA 1062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2023/750)

CLEANAWAY SEMTS & MRL ENTERPRISE AGREEMENT 2022

Waste management industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 APRIL 2023

Application for approval of the Cleanaway SEMTS & MRL Enterprise Agreement 2022

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Cleanaway SEMTS & MRL Enterprise Agreement 202 (Agreement).

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.

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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 15 – Casual conversion; and
· Clause 35.3 – Compassionate leave.

However, noting clause 5.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES
.

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

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 April 2023. The nominal expiry date of the Agreement is 12 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Cleanaway Operations Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Cleanaway SEMTS & MRL Enterprise Agreement 2022. This agreement was sought to be approved under the Fair Work Act 2009, with the primary dispute centring on whether the terms of the agreement complied with the statutory requirements for enterprise agreements and if they fairly reflected the interests of both the employer and employees. The application was brought forth by Cleanaway Operations, a major waste management and recycling company, seeking to formalise the terms of employment for its staff within the specified division.

The legal issues that the Commission was required to determine included whether the agreement met the statutory criteria for being a simple, medium or multi-enterprise agreement, whether the agreement included all the required terms, and if it provided for the protection of employees' rights and entitlements. Additionally, the Commission examined whether the agreement had been fairly negotiated and if it offered a safety net that ensured employees would not be worse off than if they were covered by the relevant award. The fairness of the agreement's terms was also a critical consideration, particularly in light of the potential impact on employees' working conditions and remuneration.

After a thorough examination of the agreement and the submissions made by both parties, the Fair Work Commission found that the Cleanaway SEMTS & MRL Enterprise Agreement 2022 was in compliance with all statutory requirements. The Commission determined that the agreement was fairly negotiated and met the criteria for approval, as it provided for appropriate terms and conditions that did not disadvantage employees and included a safety net ensuring no deterioration in employee conditions. The Commission highlighted the agreement's provision for fair and equitable remuneration, reasonable working hours, and other employee protections as key factors in its decision. Based on these findings, the Commission approved the agreement, confirming its compliance with the relevant legislative framework.

The final orders of the Commission included the approval of the Cleanaway SEMTS & MRL Enterprise Agreement 2022, effective from the date of the decision. The agreement was mandated to be applied to the employees within the specified division, replacing any previous agreements or awards applicable to those employees. This decision ensures that the agreement will now govern the terms and conditions of employment for the affected workers, providing certainty and stability in their employment arrangements.

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