Cleanaway Operations Pty Ltd Summary

[2022] FWCA 2733

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2022/2471)

Cleanaway Sydney Mechanics Enterprise Agreement 2022

Waste management industry
DEPUTY PRESIDENT EASTON	SYDNEY, 12 AUGUST 2022

Application for approval of the Cleanaway Sydney Mechanics Enterprise Agreement 2022.

Cleanaway Operations Pty Ltd (the Employer) has made an application for the approval of the Cleanaway Sydney Mechanics Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2022. The nominal expiry date of the Agreement is 12 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd sought approval for a proposed enterprise agreement with its employees, which was to be administered by the Fair Work Commission. The employees were represented by the Transport and Distribution Workers Union of Australia. The application for approval came before the Fair Work Commission, which had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The key legal issue was whether the agreement provided for the appropriate processes for the resolution of workplace disputes and if it met the "better off overall test" as required by the Act.

The Commission considered the provisions of the agreement and the arguments presented by both parties. It found that the agreement contained appropriate processes for the resolution of workplace disputes, which complied with the requirements of the Act. The Commission also found that the agreement met the "better off overall test", as it provided for a range of benefits for employees, including wage increases, improved leave entitlements, and better working conditions. The Commission was satisfied that the agreement was in the best interests of the employees and approved the application for the agreement.

The Fair Work Commission approved the Cleanaway Sydney Mechanics Enterprise Agreement 2022, subject to certain conditions. These conditions included the requirement that the agreement be in writing and signed by both parties, and that it be registered with the Fair Work Commission. The agreement was to be effective from the date of registration and would apply to all employees covered by the agreement. The Commission also noted that the agreement would be subject to review and variation by the parties in the future, in accordance with the provisions of the Act. Overall, the Commission was satisfied that the agreement provided for a fair and reasonable outcome for both parties and would promote harmonious workplace relations.

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