Cleanaway Operations Pty Ltd

[2023] FWCA 431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2023/134)

Cleanaway Industrial Services Greater Newcastle Metropolitan Area Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 13 FEBRUARY 2023

Application for approval of the Cleanaway Industrial Services Greater Newcastle Metropolitan Area Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Cleanaway Industrial Services Greater Newcastle Metropolitan Area Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 20 February 2023. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Cleanaway Industrial Services Greater Newcastle Metropolitan Area Enterprise Agreement 2022. This agreement outlines the terms and conditions of employment for employees within the specified geographical area. The application was made by Cleanaway Operations, and the dispute centred around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was fair and reasonable, and if it adhered to the procedural fairness standards as required by law.

The legal issues before the Commission involved verifying whether the agreement complied with the procedural requirements, including ensuring genuine bargaining had occurred, and that the agreement was fair and reasonable. The Commission needed to assess whether the agreement provided for adequate terms and conditions, including wages, hours of work, and other employment-related matters. Furthermore, the Commission had to ensure that the agreement was not likely to have an adverse effect on the operation of other agreements and that it did not discriminate against any particular group of employees.

The Commission found that the application met all necessary criteria. The agreement was the product of genuine and good-faith bargaining between the employer and the employees' representatives. The terms and conditions were deemed fair and reasonable, and the Commission was satisfied that the agreement would not negatively impact the operation of other agreements. The Commission also determined that the agreement did not contain any discriminatory provisions. Given these findings, the Commission approved the application, allowing the Cleanaway Industrial Services Greater Newcastle Metropolitan Area Enterprise Agreement 2022 to take effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established