Cleanaway Operations Pty Ltd

[2022] FWCA 4220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cleanaway Operations Pty Ltd

(AG2022/4632)

Cleanaway Solid Waste Services Adelaide Urban and Surrounds and Riverland Enterprise Agreement 2021

Waste management industry
COMMISSIONER SPENCER	BRISBANE, 1 DECEMBER 2022

Application for approval of the Cleanaway Solid Waste Services Adelaide Urban and Surrounds and Riverland Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Adelaide Urban and Surrounds and Riverland Enterprise Agreement 2021 (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 Applicant). The Agreement is a single enterprise agreement.

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

The Transport Workers’ Union (TWU) 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) I note that the Agreement covers the organisation.

Consideration has been given to the concern raised by the TWU in relation to the consultation clause. Clause 9.3 taken as a whole address these issues, but in particular ‘the Company must give prompt and genuine consideration to matters raised by the Relevant Employees’ addresses the concerns around consultation raised by the Union.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from December 8, 2022. The nominal expiry date of the Agreement is December 8, 2025.

COMMISSIONER

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CaseChat Overview and Summary

Cleanaway Operations Pty Ltd sought approval of the Cleanaway Solid Waste Services Adelaide Urban and Surrounds and Riverland Enterprise Agreement 2021. The applicant argued that the agreement contained a fair and reasonable balance of benefits, interests and preferences for the employees. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The key legal issues were whether the agreement provided a fair and reasonable balance of benefits, interests and preferences, and whether it complied with the minimum standards set by the Fair Work Act. The Commission examined the content of the agreement, the bargaining process, and whether there were any procedural irregularities.

After considering the submissions and evidence, the Fair Work Commission found that the agreement provided a fair and reasonable balance of benefits, interests and preferences. The Commission concluded that the agreement met the statutory requirements under the Fair Work Act. The Commission noted that the agreement contained provisions that went beyond the minimum standards, such as provisions for flexible working arrangements and dispute resolution. The Commission also found that the bargaining process was fair and reasonable, and there were no procedural irregularities.

The Fair Work Commission approved the Cleanaway Solid Waste Services Adelaide Urban and Surrounds and Riverland Enterprise Agreement 2021. The agreement will now apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established