Cleanaway Operations Pty Ltd

[2021] FWCA 7118

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2021/8663)

CLEANAWAY SOLIDS WASTE SERVICES BRISBANE RESOURCE RECOVERY INNOVATION ALLIANCE ENTERPRISE AGREEMENT 2021

Waste management industry
COMMISSIONER SIMPSON	BRISBANE, 15 DECEMBER 2021

Application for approval of the Cleanaway Solids Waste Services Brisbane Resource Recovery Innovation Alliance Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Solids Waste Services Brisbane Resource Recovery Innovation Alliance Enterprise Agreement 2021 (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 Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMMEU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Cleanaway Operations Pty Ltd, the parties involved were the employer and the relevant trade union, seeking approval of an enterprise agreement. The dispute was heard in the Fair Work Commission, Australia's industrial relations tribunal. The agreement in question was the Cleanaway Solids Waste Services Brisbane Resource Recovery Innovation Alliance Enterprise Agreement 2021. The employer sought approval for this agreement, which aimed to set out the terms and conditions of employment for a defined group of employees.

The primary legal issue the Fair Work Commission had to resolve was whether the proposed agreement met the requirements of Australian workplace laws. Specifically, the Commission needed to determine if the agreement was "better off overall" for the employees compared to the applicable award or existing agreements. The Commission also needed to ensure that the agreement was fairly negotiated and did not unfairly disadvantage any group of employees.

The Fair Work Commission, after reviewing the submissions from both parties and considering the relevant statutory criteria, found that the agreement did meet the statutory requirements. The Commission concluded that the agreement was fairly negotiated and provided overall benefits to the employees. The terms of the agreement were considered reasonable and in line with contemporary workplace practices. Consequently, the Commission approved the Cleanaway Solids Waste Services Brisbane Resource Recovery Innovation Alliance Enterprise Agreement 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established