Cleanaway Operations Pty Ltd

[2021] FWCA 396

[2021] FWCA 396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cleanaway Operations Pty Ltd
(AG2020/4202)

CLEANAWAY SOLIDS WASTE SERVICES MORETON BAY REGION ENTERPRISE AGREEMENT 2020

Waste management industry
COMMISSIONER SPENCER	BRISBANE, 28 JANUARY 2021

Application for approval of the Cleanaway Solids Waste Services Moreton Bay Region Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Solids Waste Services Moreton Bay Region Enterprise Agreement 2020 (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 Applicant). The Agreement is a single enterprise agreement.

[2] The Transport Workers’ Union (TWU) 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.

[3] The TWU confirmed that they supported the approval of the Agreement, however they raised two concerns in there Form F18, the first in relation to Clause 23 Hours of Work which provides for 38 hours per week to be averaged over a 12 month period, whereas the Waste Management Award 2020 provides for 38 hours per week to be averaged over 28 days. Additionally, the TWU raised a concern regarding Clause 30.4 which allows the Employer to direct an employee to take annual leave with 4 weeks’ notice if they have in excess of 8 week's accrued, with no other safeguards incorporated. The Applicant provided a response to the Union’s concerns, stating that whether an averaging period occurs over a two (2) week period, four (4) week period, 12 month period, or anything in between, the only relevant consideration is whether employees will be better of overall from the Award. In relation to the Unions concern regarding directions to take annual leave, the Applicant maintained that clause 30.4 passes the Better Off Overall Test and is therefore compliant with the Act.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2021. The nominal expiry date of the Agreement is 30 September 2023.

COMMISSIONER

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