DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2021/5481)

CLEANAWAY LIQUID & TECHNICAL SERVICES SOUTH EAST QUEENSLAND PLANT & DRIVERS ENTERPRISE AGREEMENT 2021

Waste management industry
DEPUTY PRESIDENT DEAN	CANBERRA, 2 JULY 2021

Application for approval of the Cleanaway Liquid & Technical Services South East Queensland Plant & Drivers Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Liquid & Technical Services South East Queensland Plant & Drivers 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement

[6] I note that the Notice of Employee Representational Rights (NERR) was given to employees more than 14 days after the notification time for the Agreement. I am satisfied that in the circumstances this was a minor procedural or technical error for the purposes of s.188(2)(a) of the Act. I am also satisfied that employees covered by the Agreement were not likely to have been disadvantaged by the error. The Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[7] The Australian Workers’ Union and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notices under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2021. The nominal expiry date of the Agreement is 14 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied to the Fair Work Commission for approval of the Cleanaway Liquid & Technical Services South East Queensland Plant & Drivers Enterprise Agreement 2021. The dispute involved the terms of the proposed agreement between Cleanaway and its employees represented by the Transport Workers Union of Australia. The Fair Work Commission was tasked with assessing whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement provided for the mandatory bargaining items as stipulated under the Fair Work Act. The Commission had to ensure that the agreement contained all the minimum entitlements and rights for employees as mandated by the Act, including terms related to wages, conditions, and dispute resolution mechanisms. Additionally, the Commission considered whether the agreement had been fairly negotiated and if it complied with the procedural fairness requirements.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement met the statutory requirements. It contained all the necessary mandatory bargaining items and was fairly negotiated. The Commission also confirmed that the agreement complied with the procedural fairness requirements. Consequently, the Fair Work Commission approved the Cleanaway Liquid & Technical Services South East Queensland Plant & Drivers Enterprise Agreement 2021.

The Commission ordered that the agreement be registered and deemed to be in effect from the date of approval. This decision concluded the application process, ensuring that the terms of the agreement would govern the employment conditions of the affected employees moving forward.

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