DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2020/2999)

CLEANAWAY REFINERY OPERATORS WETHERILL PARK ENTERPRISE AGREEMENT 2020

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 30 OCTOBER 2020

Application for approval of the Cleanaway Refinery Operators Wetherill Park Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Refinery Operators Wetherill Park 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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, will operate from 6 November 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied to the Fair Work Commission for approval of the Cleanaway Refinery Operators Wetherill Park Enterprise Agreement 2020. The application was opposed by the Australian Manufacturing Workers' Union, who argued that the agreement did not provide adequate protections for employees. The Commission was required to determine whether the agreement was in the interests of the employees it covered, as well as whether it complied with the relevant legislative provisions.

The Commission noted that the agreement provided for a number of protections for employees, including provisions relating to redundancy and termination of employment. However, the Commission was concerned that the agreement did not provide for adequate notice of termination for employees with long service. The Commission also noted that the agreement did not provide for a mechanism for resolving disputes between employees and the employer. Despite these concerns, the Commission was satisfied that the agreement was in the interests of the employees it covered, and approved the agreement subject to certain conditions.

The Commission ordered that the agreement be amended to provide for a minimum of four weeks' notice of termination for employees with long service, and that a dispute resolution procedure be included in the agreement. The Commission also ordered that the agreement be subject to a six-month review, to ensure that it was continuing to meet the needs of the employees it covered.

The Cleanaway Operations Pty Ltd was directed to implement the approved agreement and ensure compliance with the conditions set out by the Commission. The Australian Manufacturing Workers' Union was directed to withdraw its opposition to the application for approval of the agreement, subject to the conditions set out by the Commission.

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