Cleanaway Operations Pty Ltd

[2022] FWCA 2224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2022/1769)

Cleanaway Liquid Technical Services SEQ Maintenance Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 4 JULY 2022

Application for approval of the Cleanaway Liquid Technical Services SEQ Maintenance Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Cleanaway Liquid Technical Services SEQ Maintenance Enterprise Agreement 2022 (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 Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union being bargaining representatives for the Agreement, have each 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 organisations.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 15 – Conversion to fulltime or partime employment.
· Clause 28.2(b) – Termination of employment.

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2022. The nominal expiry date of the Agreement is 15 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Cleanaway Operations Pty Ltd for the approval of the Cleanaway Liquid Technical Services SEQ Maintenance Enterprise Agreement 2022. The application was brought before the Fair Work Commission, where the primary focus was the terms and conditions of employment as outlined in the proposed enterprise agreement.

The key legal issues before the Commission centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement met the criteria for being a simple, streamlined, and fair agreement, and whether it included essential safeguards for employees, such as minimum rates of pay and conditions of work. Additionally, the Commission had to determine if the agreement had been appropriately negotiated and if it provided fair and reasonable terms for both the employer and the employees.

The Fair Work Commission, after thorough examination of the proposed agreement, found that it met the legislative criteria for approval. The Commission noted that the agreement contained adequate provisions for minimum wages and conditions, and that it had been negotiated in good faith. Furthermore, the Commission was satisfied that the agreement provided fair and reasonable terms for both parties, striking an appropriate balance between the interests of the employer and the employees. Consequently, the Commission approved the Cleanaway Liquid Technical Services SEQ Maintenance Enterprise Agreement 2022.

The final orders of the Commission were that the proposed enterprise agreement be approved and registered under the Fair Work Act 2009, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established