DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2020/2510)

CLEANAWAY INDUSTRIAL & WASTE SERVICES LATROBE VALLEY POWER STATIONS ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 23 SEPTEMBER 2020

Application for approval of the Cleanaway Industrial & Waste Services Latrobe Valley Power Stations Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Industrial & Waste Services Latrobe Valley Power Stations 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 Construction, Forestry, Maritime, Mining and Energy 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 30 September 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Cleanaway Industrial & Waste Services Latrobe Valley Power Stations Enterprise Agreement 2020 was heard by the Fair Work Commission. The applicant, Cleanaway Operations Pty Ltd, sought approval of the agreement which was made between the company and its employees in the Latrobe Valley Power Stations. The dispute involved whether the agreement met the necessary criteria for registration under the Fair Work Act 2009, including being a genuine enterprise agreement and not containing any provisions that were against public policy.

The central legal issues for the court to consider were whether the agreement complied with the formal requirements of the Fair Work Act, whether it contained any terms that were against public policy, and whether it was a genuine enterprise agreement. The court had to determine whether the agreement was made in good faith and whether it was genuinely negotiated between the employer and the employees. The court also had to examine the provisions of the agreement to ensure they were not contrary to public policy.

The Fair Work Commission found that the agreement met all the requirements for registration under the Fair Work Act. The agreement was genuine as it was made in good faith and was genuinely negotiated between the parties. The court found that all provisions of the agreement were consistent with public policy and did not contain any terms that were against public policy. The agreement was comprehensive and covered all necessary terms and conditions of employment. The court was satisfied that the agreement was made for the purpose of regulating the terms and conditions of employment and was not contrary to the public interest.

The Fair Work Commission approved the Cleanaway Industrial & Waste Services Latrobe Valley Power Stations Enterprise Agreement 2020. The court ordered that the agreement be registered and be in effect from the date of the decision. The agreement was to apply to all employees of Cleanaway Operations Pty Ltd in the Latrobe Valley Power Stations, including those who were not members of a trade union. The decision of the court was final and binding on all parties involved in the dispute.

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