Cleanaway Operations Pty Ltd Summary

[2022] FWCA 1423

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2022/1160)

Cleanaway Liquid Technical Services Homebush Plant Operators Enterprise Agreement 2022

Waste management industry
COMMISSIONER MCKINNON	SYDNEY, 6 MAY 2022

Application for approval of the Cleanaway Liquid Technical Services Homebush Plant Operators Enterprise Agreement 2022.

Cleanaway Operations Pty Ltd has applied for approval of a single enterprise agreement known as the Cleanaway Liquid Technical Services Homebush Plant Operators Enterprise Agreement 2022 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Act and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met. The Agreement is approved and will operate from 13 May 2022. The nominal expiry date of the Agreement is 31 January 2024.

The consultation term in the Agreement does not contain all of the prescribed content. The model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement covers The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd recently applied to the Fair Work Commission for approval of the Cleanaway Liquid Technical Services Homebush Plant Operators Enterprise Agreement 2022. The applicant, a waste management company, sought to enter into an enterprise agreement with the employees at its Homebush plant. The dispute centred on whether the proposed agreement complied with the necessary legal standards and whether it was fair and reasonable for the employees.

The primary legal issues before the Commission involved assessing whether the agreement was a genuine enterprise agreement, if it contained the required minimum terms and conditions, and whether it was fair and reasonable. This included scrutinising the agreement's content, ensuring it did not unjustifiably disadvantage any party, and confirming it complied with the relevant legislative requirements under the Fair Work Act 2009.

The Commission determined that the agreement was a genuine enterprise agreement and contained the requisite minimum terms and conditions. The Commission found that the agreement was fair and reasonable for the employees, considering various factors such as the employees' rights, obligations, and entitlements. The Commission took into account the bargaining positions of both parties, the nature of the work, and the overall fairness of the terms. Consequently, the Commission approved the Cleanaway Liquid Technical Services Homebush Plant Operators Enterprise Agreement 2022.

The final orders of the Commission included the approval of the enterprise agreement, which would now govern the terms and conditions of employment for the employees at the Homebush plant. This decision provided certainty for both the employer and the employees, ensuring compliance with the relevant industrial relations laws.

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