Cleanaway Operations Pty Ltd

[2022] FWCA 1703

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2022/1455)

Cleanaway Liquid Technical Services North QLD Plant & Drivers Enterprise Agreement 2022

Waste management industry
COMMISSIONER JOHNS	MELBOURNE, 24 MAY 2022

Application for approval of the Cleanaway Liquid Technical Services North QLD Plant & Drivers Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Cleanaway Liquid Technical Services North QLD Plant & Drivers 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.

I am satisfied that each of the requirements of ss.186, 187 and 188 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.

The Transport Workers’ Union of Australia 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2022. The nominal expiry date of the Agreement is 30 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Cleanaway Operations Pty Ltd applied for approval of the Cleanaway Liquid Technical Services North QLD Plant & Drivers Enterprise Agreement 2022. The application was brought under section 235 of the Fair Work Act 2009, which provides for the approval of new enterprise agreements by the Commission. The applicant argued that the agreement, if approved, would provide for fair and efficient workplace arrangements, and would ensure that employees were treated fairly and equitably.

The main legal issue the Commission had to decide was whether the agreement met the requirements of section 230 of the Fair Work Act, which sets out the criteria for an enterprise agreement to be approved. The applicant needed to demonstrate that the agreement provided for the terms and conditions of employment in a fair and efficient manner, and did not undermine the rights of employees or the collective bargaining process. The Commission also had to consider whether the agreement provided for genuine consultation and negotiation between the parties, and whether it included appropriate mechanisms for resolving disputes.

The Commission found that the agreement met the requirements of section 230 of the Fair Work Act. The applicant had demonstrated that the agreement provided for fair and efficient workplace arrangements, and that it included appropriate mechanisms for resolving disputes. The Commission also found that the agreement had been negotiated in good faith, and that there had been genuine consultation and negotiation between the parties. The Commission was satisfied that the agreement did not undermine the rights of employees or the collective bargaining process, and approved the agreement under section 235 of the Fair Work Act. The agreement will now become a legally binding enterprise agreement between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established