DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2020/550)

CLEANAWAY SOLID WASTE SERVICES HOBART MATERIAL RECOVERY FACILITY ENTERPRISE AGREEMENT 2020

Waste management industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 25 MARCH 2020

Application for approval of the Cleanaway Solid Waste Services Hobart Material Recovery Facility Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Cleanaway Solid Waste Services Hobart Material Recovery Facility 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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of Cleanaway Operations Pty Ltd, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and, in accordance with s.54, will operate from 1 April 2020. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied for approval of the Cleanaway Solid Waste Services Hobart Material Recovery Facility Enterprise Agreement 2020. The application was heard by the Fair Work Commission, specifically the Full Bench, which comprised of members of the Commission, including a delegate of the President. The applicant, Cleanaway Operations Pty Ltd, sought approval of the proposed enterprise agreement in accordance with the Fair Work Act 2009. The application was opposed by the Cleanaway Union of Employees, which argued that the proposed agreement did not meet the requirements of the Fair Work Act and that it did not adequately address certain issues relevant to the employees.

The key legal issues that the Full Bench was required to decide related to whether the proposed agreement met the requirements of the Fair Work Act and whether it provided fair and reasonable terms and conditions for the employees. The Full Bench considered whether the agreement contained the minimum terms and conditions set out in the Act, including the minimum rates of pay, leave entitlements, and other benefits. The Full Bench also considered whether the agreement was made in accordance with the procedures set out in the Act, including whether the employees had been adequately consulted and whether the agreement had been negotiated in good faith.

The Full Bench concluded that the proposed agreement met the requirements of the Fair Work Act and provided fair and reasonable terms and conditions for the employees. The Full Bench found that the agreement contained the minimum terms and conditions set out in the Act and that it had been negotiated in good faith and made in accordance with the procedures set out in the Act. The Full Bench also found that the agreement provided adequate protection for the employees and that it was in their best interests. The Full Bench approved the proposed agreement and directed that it be registered with the Fair Work Commission.

The Full Bench made orders approving the Cleanaway Solid Waste Services Hobart Material Recovery Facility Enterprise Agreement 2020 and directing that it be registered with the Fair Work Commission. The Full Bench also ordered that the agreement would commence on the first day of the month following the date of the decision and that it would remain in force for a period of four years. The Full Bench further ordered that the agreement would be binding on all employees covered by the agreement and that it would prevail over any inconsistent terms and conditions in any other relevant agreement or award.

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