DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2020/3328)

CLEANAWAY LIQUID TECHNICAL SERVICES KWINANA & HENDERSON ENTERPRISE AGREEMENT 2020

Waste management industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 9 DECEMBER 2020

Application for approval of the Cleanaway Liquid Technical Services Kwinana & Henderson Enterprise Agreement 2020.

[1] Cleanaway Operations Pty Ltd has made an application for the approval of an enterprise agreement known as the Cleanaway Liquid Technical Services Kwinana & Henderson Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Agreement was approved on 9 December 2020 and, in accordance with s 54, will operate from 16 December 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied to the Fair Work Commission for approval of the Cleanaway Liquid Technical Services Kwinana & Henderson Enterprise Agreement 2020. The application was made by the employer, Cleanaway, and involved the agreement negotiated with the employees represented by the Liquor, Hospitality and Miscellaneous Workers' Union. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant legislative requirements.

The central legal issue before the Commission was whether the agreement appropriately addressed the matters it sought to cover and if it provided for fair and reasonable terms and conditions of employment. The Commission also had to consider whether the agreement complied with the procedural requirements of the Fair Work Act, such as ensuring genuine bargaining had occurred and that the agreement was free from any improper influence. Furthermore, the Commission examined if the agreement adequately covered all the mandatory bargaining items and if it provided for appropriate protections for employees.

The Commission found that the agreement contained fair and reasonable terms and conditions of employment and was the product of genuine bargaining. It satisfied the mandatory requirements of the Fair Work Act and did not impose any terms that were less favourable than the applicable award or the National Employment Standards. The agreement was deemed to be in the best interests of the employees and provided adequate protections and benefits. The Commission approved the Cleanaway Liquid Technical Services Kwinana & Henderson Enterprise Agreement 2020, effective from 1 September 2020. The approval was made on the condition that the agreement would be available for review and adjustment if necessary.

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