DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2020/1146)

CLEANAWAY HYDROCARBONS REFINERS RUTHERFORD ENTERPRISE AGREEMENT 2020

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 12 MAY 2020

Application for approval of the Cleanaway Hydrocarbons Refiners Rutherford Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Hydrocarbons Refiners Rutherford 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 19 May 2020. The nominal expiry date of the Agreement is 14 January 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 Hydrocarbons Refiners Rutherford Enterprise Agreement 2020. The dispute involved various terms and conditions of employment for workers within the specified enterprise. The matter was heard in the Fair Work Commission, with Deputy President O’Donnell presiding.

The primary legal issues addressed by the court centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the statutory requirements for enterprise agreements, including the necessity of ensuring the agreement did not adversely affect employees' wages, conditions, or terms of employment to a lesser extent than provided for in an applicable award or agreement. The court also examined whether the agreement had been fairly negotiated and if it contained appropriate mechanisms for resolving disputes.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The Deputy President concluded that the agreement had been fairly negotiated and contained suitable provisions for resolving disputes. The court noted that the agreement did not disadvantage employees in terms of their wages, conditions, or terms of employment compared to the applicable award. Consequently, the Deputy President approved the Cleanaway Hydrocarbons Refiners Rutherford Enterprise Agreement 2020.

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