Cleanaway Operations Pty Ltd

[2022] FWCA 3623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2022/3634)

Cleanaway Solids Waste Services Gympie Enterprise Agreement 2022

Waste management industry
COMMISSIONER SPENCER	BRISBANE, 19 OCTOBER 2022

Application for approval of the Cleanaway Solids Waste Services Gympie Enterprise Agreement 2022

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

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Australian Workers’ Union (AWU) 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 AWU.

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 26 October 2022. The nominal expiry date of the Agreement is 20 March 2025.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission was asked to approve the Cleanaway Solids Waste Services Gympie Enterprise Agreement 2022. Cleanaway Operations Pty Ltd, the employer, and the Transport Workers Union of Australia, the employee representative, submitted the agreement for approval. The agreement aimed to establish the terms and conditions of employment for the employees working in the Gympie region. The primary dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically ensuring it provided for the safety, health, and welfare of employees, and was in line with the provisions of the Act.

The court had to determine if the agreement adequately addressed the employees' safety, health, and welfare, and if it complied with the Fair Work Act. Additionally, it had to consider whether the agreement was made in good faith and if it contained the minimum terms and conditions as outlined in the relevant awards and the National Employment Standards. The court also examined if the agreement was free from any provisions that could be considered unfair.

The Commission found that the agreement met all the necessary criteria for approval. The agreement provided for the safety, health, and welfare of employees, and was in line with the Fair Work Act. It contained the minimum terms and conditions as required by the relevant awards and the National Employment Standards. The court concluded that the agreement was made in good faith and did not include any unfair provisions. Therefore, the Commission approved the Cleanaway Solids Waste Services Gympie Enterprise Agreement 2022.

The Fair Work Commission approved the Cleanaway Solids Waste Services Gympie Enterprise Agreement 2022, finding it met all the necessary criteria for approval. The agreement was deemed to provide for the safety, health, and welfare of employees, and complied with the Fair Work Act. It contained the minimum terms and conditions as required by the relevant awards and the National Employment Standards. The agreement was made in good faith and did not include any unfair provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established