Cleanaway Operations Pty Ltd

[2022] FWCA 828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2022/516)

Cleanaway Refinery Operators Wetherill ParkEnterprise Agreement 2022

Oil and gas industry
COMMISSIONER CIRKOVIC	MELBOURNE, 9 MARCH 2022

Application for approval of the Cleanaway Refinery Operators Wetherill Park Enterprise Agreement 2022

Cleanaway Operations Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Cleanaway Refinery Operators Wetherill Park Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 3 March 2022.

As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

The Australian Workers’ Union, 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) of the Act I note that the Agreement covers this organisation.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Cleanaway Refinery Operators Wetherill Park Enterprise Agreement 2022. The applicant sought to replace the existing enterprise agreement, which was set to expire on 26 July 2023. The dispute centred around the terms and conditions of employment for refinery operators, and the need for a new agreement that better aligns with current operational needs and market conditions.

The legal issues before the Commission involved determining whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it provided for a genuine bargaining process, and whether it contained terms that were fair and reasonable. The Commission had to consider submissions from both parties, as well as evidence regarding the bargaining process and the terms of the proposed agreement.

The Fair Work Commission found that the proposed agreement had been the subject of genuine and meaningful bargaining between the parties. The Commission noted that the applicant had provided evidence of a comprehensive bargaining process, including multiple meetings and discussions between the parties, as well as the involvement of independent experts. The Commission also found that the terms of the proposed agreement were fair and reasonable, taking into account the evidence presented by both parties. The Commission approved the Cleanaway Refinery Operators Wetherill Park Enterprise Agreement 2022, which will now be binding on the parties.

The Fair Work Commission's decision highlights the importance of a genuine and meaningful bargaining process when seeking to negotiate a new enterprise agreement. The Commission's approval of the proposed agreement demonstrates its satisfaction with the process and the terms of the agreement. The new agreement will now provide certainty and stability for refinery operators and Cleanaway Operations Pty Ltd, and will ensure that the parties can continue to work together in a fair and reasonable manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established