Cleanaway Operations Pty Ltd

[2021] FWCA 3553

[2021] FWCA 3553

FAIR WORK COMMISSION

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

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Annexure A