DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2021/5867)

CLEANAWAY INDUSTRIAL SERVICES GREATER NEWCASTLE METROPOLITAN AREA ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 JULY 2021

Application for approval of the Cleanaway Industrial Services Greater Newcastle Metropolitan Area Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Industrial Services Greater Newcastle Metropolitan Area 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 Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement lodged contained an error at page 4. On 6 July 2021 the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Australian Workers’ Union (AWU) 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.

[5] The Agreement was approved on 8 July 2021 and, in accordance with s.54, will operate from 15 July 2021. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied to the Fair Work Commission for approval of the Cleanaway Industrial Services Greater Newcastle Metropolitan Area Enterprise Agreement 2021. The applicant sought to secure the terms and conditions of employment for its employees under the enterprise agreement. The Fair Work Union and the Shop, Distributive and Allied Employees' Association opposed the application, arguing that certain provisions of the agreement were unfair. The Fair Work Commission was required to determine whether the provisions of the enterprise agreement were procedurally and substantively fair.

The central legal issue before the Commission was whether the enterprise agreement's provisions were fair. The Fair Work Union and the Shop, Distributive and Allied Employees' Association argued that several provisions of the agreement were unfair, including those relating to the calculation of overtime, shift allowances, and the definition of a working day. The Commission considered the arguments of both parties and examined the evidence presented. After considering the evidence and arguments, the Commission found that the provisions of the enterprise agreement were procedurally and substantively fair.

The Fair Work Commission found that the enterprise agreement was procedurally fair as it had been negotiated in good faith, and the parties had engaged in a genuine attempt to reach an agreement. The Commission also found that the provisions of the agreement were substantively fair as they provided for a reasonable balance of rights and obligations between the parties. The Commission rejected the arguments of the Fair Work Union and the Shop, Distributive and Allied Employees' Association that the provisions were unfair. The Commission approved the Cleanaway Industrial Services Greater Newcastle Metropolitan Area Enterprise Agreement 2021.

The Fair Work Commission approved the Cleanaway Industrial Services Greater Newcastle Metropolitan Area Enterprise Agreement 2021. The Commission found that the agreement was procedurally and substantively fair, and it provided for a reasonable balance of rights and obligations between the parties. The Commission rejected the arguments of the Fair Work Union and the Shop, Distributive and Allied Employees' Association that the provisions were unfair. The approval of the enterprise agreement ensures that the terms and conditions of employment for the employees are secure under the agreement.

Cleanaway Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established