DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2020/4135)

CLEANAWAY LIQUID TECHNICAL SERVICES HOMEBUSH PLANT OPERATORS ENTERPRISE AGREEMENT 2020

Waste management industry
COMMISSIONER WILSON	MELBOURNE, 21 JANUARY 2021

Application for approval of the Cleanaway Liquid Technical Services Homebush Plant Operators Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Liquid Technical Services Homebush Plant Operators 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 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] The Australian Workers' Union, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2021. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, an entity involved in the waste management industry, applied for approval of the Cleanaway Liquid Technical Services Homebush Plant Operators Enterprise Agreement 2020. The applicant sought to have the agreement, which detailed terms and conditions for the employees operating the Homebush Plant, recognised and enforceable under the Fair Work Act 2009. The Fair Work Commission was the forum for this application.

The legal issues that the Fair Work Commission needed to resolve included whether the agreement was made in good faith and if it contained the essential minima required by the Act. Additionally, the Commission had to assess if the agreement was genuinely negotiated and whether it provided fair and reasonable terms for the employees. The focus was on ensuring the agreement complied with all statutory obligations and represented a fair outcome for both parties.

The Commission found that the agreement was indeed made in good faith and adhered to the essential minima provisions. It was determined that the agreement had been genuinely negotiated and contained terms that were fair and reasonable for the employees. The Commission highlighted that the agreement included provisions for adequate consultation, flexible working arrangements, and appropriate remuneration, which met the statutory requirements. Consequently, the Fair Work Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the Cleanaway Liquid Technical Services Homebush Plant Operators Enterprise Agreement 2020, marking it as a legally binding document. This decision ensures that the terms and conditions outlined in the agreement will govern the employment of the operators at the Homebush Plant, effective from the date of registration.

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