DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2021/4556)

APPLICATION FOR APPROVAL OF THE CLEANAWAY LIQUID & TECHNICAL SERVICES KOORAGANG ISLAND DRIVERS & PLANT OPERATORS ENTERPRISE AGREEMENT 2021

Waste management industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 28 APRIL 2021

Application for approval of the Cleanaway Liquid & Technical Services Kooragang Island Drivers & Plant Operators Enterprise Agreement 2021.

[1] Cleanaway Operations Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Cleanaway Liquid & Technical Services Kooragang Island Drivers & Plant Operators Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 April 2021 and, in accordance with s 54, will operate from 5 May 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved Cleanaway Operations Pty Ltd and a group of its employees represented by a union. The applicants sought approval of the Cleanaway Liquid & Technical Services Kooragang Island Drivers & Plant Operators Enterprise Agreement 2021. The dispute centred on the terms of the proposed agreement, particularly those concerning employee entitlements and conditions of employment.

The primary legal issue before the Commission was whether the terms of the agreement were in compliance with the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement provided for minimum terms and conditions, was free from prohibited content, and did not unfairly discriminate against employees. The applicants argued that the agreement was fair and reasonable, while the respondents contended that certain provisions did not comply with statutory requirements and were detrimental to the employees.

The Commission examined the provisions of the agreement in detail, considering the principles of procedural fairness, good faith bargaining, and the need to protect the rights and interests of employees. After careful consideration of the evidence and arguments presented, the Commission found that the agreement met the necessary legal standards. The terms provided for adequate protections and did not include any content that would be unlawful or detrimental to the employees. Consequently, the Commission approved the proposed enterprise agreement.

The final orders of the Commission were that the Cleanaway Liquid & Technical Services Kooragang Island Drivers & Plant Operators Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This decision settled the dispute and provided a legally binding framework for the terms and conditions of employment for the affected employees.

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