DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2021/5482)

CLEANAWAY OIL COLLECTIONS SEQ DRIVERS ENTERPRISEAGREEMENT 2021

Waste management industry
DEPUTY PRESIDENT DEAN	CANBERRA, 29 JUNE 2021

Application for approval of the Cleanaway Oil Collections SEQ Drivers Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Oil Collections SEQ 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] The Transport Workers’ Union of Australia, 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2021. The nominal expiry date of the Agreement is 1 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd sought approval of the Cleanaway Oil Collections SEQ Drivers Enterprise Agreement 2021 in the Fair Work Commission. The application was made by the company to ensure compliance with the Fair Work Act 2009, particularly in relation to the provisions concerning the approval of enterprise agreements that meet the requirements of the Act. The Fair Work Commission was required to determine whether the agreement met the necessary standards under the Act, including the provisions concerning the agreement's content and the process by which it was made.

The primary legal issue the Commission had to address was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act. This involved examining whether the agreement was made in accordance with the processes outlined in the Act, whether it contained the required minimum terms and conditions, and whether it met the other statutory criteria for approval. The Commission also needed to consider whether the agreement was made genuinely and without coercion, ensuring that the bargaining process was fair and that the agreement was not disadvantageous to the employees.

The Commission examined the evidence provided by Cleanaway Operations Pty Ltd regarding the negotiation and execution of the agreement. It assessed the procedural fairness of the agreement-making process and the substantive content of the agreement against the legislative requirements. After careful consideration of the submissions and evidence, the Commission concluded that the agreement was made in compliance with the Act and that it contained all the necessary minimum terms and conditions. The Commission determined that the agreement was not disadvantageous to the employees and that it had been made genuinely and without coercion. Therefore, the Commission approved the Cleanaway Oil Collections SEQ Drivers Enterprise Agreement 2021.

The Fair Work Commission approved the Cleanaway Oil Collections SEQ Drivers Enterprise Agreement 2021, confirming its compliance with the Fair Work Act. The Commission found that the agreement met all statutory requirements and was made in a fair and genuine manner. The approval ensures that the agreement is legally binding and that the parties are bound by its terms and conditions.

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