Cleanaway Operations Pty Ltd

[2022] FWCA 3383

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2022/3970)

Cleanaway Darwin Operations Enterprise Agreement 2021

Waste management industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 SEPTEMBER 2022

Application for approval of the Cleanaway Darwin Operations Enterprise Agreement 2021

Cleanaway Operations Pty Ltd has made an application for approval of an enterprise agreement known as the Cleanaway Darwin Operations Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Transport Workers' Union of Australia (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) and based on its declaration, I note that the Agreement covers the TWU.

The Agreement was approved on 30 September 2022 and, in accordance with s 54, will operate from 7 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd recently faced an application in the Fair Work Commission, seeking approval for the Cleanaway Darwin Operations Enterprise Agreement 2021. The application arose from negotiations between the company and the employees represented by the Transport Workers Union. The primary dispute centred on the terms and conditions of employment for the workers involved, as stipulated in the proposed agreement.

The legal issues the court needed to address included whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it complied with the "better off overall test" and whether it included provisions that were fair and reasonable in all aspects. The court had to examine the fairness of the agreement's terms, its compliance with relevant laws, and whether it provided for appropriate safeguards for employees.

The Fair Work Commission, in its decision, found that the Cleanaway Darwin Operations Enterprise Agreement 2021 met the necessary statutory requirements. The agreement was deemed to comply with the better off overall test, providing that the employees would be better off overall than under the applicable awards. The court considered the balance of benefits and detriments, including wage increases, working conditions, and other provisions, concluding that the agreement was fair and reasonable. The court approved the agreement, ensuring that the employees' interests were adequately protected and that the terms were in line with legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established