DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2020/3636)

CLEANAWAY ERSKINE PARK DRIVERS ENTERPRISE AGREEMENT 2020

Waste management industry
COMMISSIONER MCKINNON	MELBOURNE, 2 FEBRUARY 2021

Application for approval of the Cleanaway Erskine Park Drivers Enterprise Agreement 2020.

[1] Application has been made by Cleanaway Operations Pty Ltd for approval of a single enterprise agreement known as the Cleanaway Erskine Park Drivers Enterprise Agreement 2020 (the Agreement).

[2] The application was not lodged within 14 days after the Agreement was made. In all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[4] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will operate from 9 February 2021. The nominal expiry date of the Agreement is 23 September 2022.

[6] The flexibility term in the Agreement does not contain all of the prescribed content. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement covers the Transport Workers’ Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Cleanaway Operations Pty Ltd sought approval for the Cleanaway Erskine Park Drivers Enterprise Agreement 2020. The applicant, a waste management company, and the respondent, the Transport Workers Union of Australia, entered into the enterprise agreement. The matter involved the process and terms of the agreement, including the nature of the bargaining and the approval of the agreement by the Commission.

The primary legal issue was whether the enterprise agreement was made in accordance with the relevant provisions of the Fair Work Act 2009. This included whether the agreement was genuinely negotiated and whether it met the 'better off overall test'. The Commission also considered if the agreement appropriately addressed the employees' working conditions and if it was consistent with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission determined that the enterprise agreement was genuinely negotiated and met the 'better off overall test'. The Commission found that the agreement contained terms and conditions that were fair and reasonable, and that the bargaining process was conducted in good faith. The Commission was satisfied that the agreement was consistent with the Fair Work Act and the Fair Work (Registered Organisations) Act. Consequently, the Commission approved the Cleanaway Erskine Park Drivers Enterprise Agreement 2020.

The Commission's final orders included the approval of the enterprise agreement, effective from 1 July 2020. The agreement was to be registered with the Fair Work Commission, and the terms and conditions would apply to the employees covered by the agreement. The approval was subject to the parties' compliance with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act.

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