DECISION

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

Cleanaway Operations Pty Ltd
(AG2020/3683)

CLEANAWAY HYDROCARBONS WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2020

Waste management industry
COMMISSIONER WILLIAMS	PERTH, 21 DECEMBER 2020

Application for approval of the Cleanaway Hydrocarbons Western Australia Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Hydrocarbons Western Australia 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2020. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission (FWC). The agreement, which covered employees in Western Australia, included provisions on wages, hours, and other employment conditions. The application was contested by the Australian Manufacturing Workers’ Union (AMWU) on behalf of certain employees who claimed the agreement did not adequately address certain issues, including redundancy and shift patterns.

The primary legal issues before the FWC were whether the agreement was in the best interests of the employees, whether it met the "no disadvantage" test, and whether the appropriate bargaining representatives had been involved in the negotiation process. The FWC also had to determine if the agreement provided for genuine enterprise bargaining, which is a prerequisite for approval under the Fair Work Act 2009.

The FWC found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable resolution of the issues in dispute. The agreement did not disadvantage any employees and met the requirements of the "no disadvantage" test. The FWC was satisfied that the AMWU had acted as a genuine bargaining representative and that genuine enterprise bargaining had taken place. Consequently, the FWC approved the Cleanaway Hydrocarbons Western Australia Enterprise Agreement 2020.

The FWC's approval of the agreement means that it will be legally binding on Cleanaway Operations Pty Ltd and the relevant employees. The agreement provides a framework for resolving any future disputes between the parties and sets out the terms and conditions of employment for the covered employees. The approval of the agreement is a significant step forward in resolving the issues that had been in dispute between the parties.

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