DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2020/1260)

CLEANAWAY LIQUID WASTE MACKAY REGION ENTERPRISE AGREEMENT 2019

Waste management industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JUNE 2020

Application for variation of the Cleanaway Liquid Waste Mackay Region Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Cleanaway Liquid Waste Mackay Region Enterprise Agreement 2019 (the Agreement). The application was made by Cleanaway Operations Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 3 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied to the Fair Work Commission for a variation of the Cleanaway Liquid Waste Mackay Region Enterprise Agreement 2019. The applicant sought changes to the enterprise agreement to alter the classification of certain employees from 'Drivers' to 'Tradespersons' and to implement changes to the shift patterns and penalty rates associated with those roles. The respondents, who were employees covered by the agreement, opposed the application, arguing that the changes would result in a significant reduction in their pay and conditions.

The legal issues before the Commission were whether the proposed changes were appropriate and necessary to achieve a fair and efficient workplace, and whether the process for negotiating and implementing the changes complied with the relevant industrial relations laws. The Commission had to consider whether the proposed changes would result in a simpler and more efficient workplace, and whether the changes were necessary to achieve that outcome. The Commission also had to consider whether the application process complied with the requirements of the Fair Work Act and the Fair Work Regulations.

After considering the evidence and submissions from both parties, the Commission found that the proposed changes were appropriate and necessary to achieve a simpler and more efficient workplace. The Commission also found that the application process complied with the relevant industrial relations laws. The Commission varied the enterprise agreement to reflect the changes sought by the applicant. The respondents were given the opportunity to appeal the decision to the Federal Court.

The Commission's decision was based on a careful consideration of the evidence and submissions from both parties. The Commission found that the proposed changes would result in a simpler and more efficient workplace, and that the changes were necessary to achieve that outcome. The Commission also found that the application process complied with the relevant industrial relations laws. The final orders of the Commission included variations to the enterprise agreement to reflect the changes sought by the applicant, and an opportunity for the respondents to appeal the decision to the Federal Court.

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