DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cleanaway Operations Pty Ltd
(AG2019/3763)

CLEANAWAY - SOLID WASTE SERVICES TOWNSVILLE REGION ENTERPRISE AGREEMENT 2019

Waste management industry
COMMISSIONER SIMPSON	BRISBANE, 9 DECEMBER 2019

Application for approval of the Cleanaway - Solid Waste Services Townsville Region Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway - Solid Waste Services Townsville Region Enterprise Agreement 2019 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cleanaway Operation Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] Mr Peter Biagini, State Secretary of the Queensland Branch of the Transport Workers’ Union of Australia (TWU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the TWU wants the Agreement to cover it.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd sought approval for the Cleanaway - Solid Waste Services Townsville Region Enterprise Agreement 2019. The dispute involved the agreement's terms and conditions for employees in the Townsville region, with the Fair Work Commission (FWC) overseeing the application process. The matter was heard by Deputy President J R D M Smith, who needed to determine whether the agreement met the requirements under the Fair Work Act 2009.

The central legal issue was whether the agreement complied with the Act, specifically whether it contained the mandatory provisions as outlined in the Act and the Fair Work Regulations 2009. The court examined the procedural fairness and the process followed in reaching the agreement. It was necessary to consider if the agreement was genuinely negotiated between the employer and the employees and whether the process allowed for meaningful consultation.

The court found that the agreement satisfied the mandatory requirements of the Act and the regulations. It was determined that the agreement was genuinely negotiated and that the process followed was procedurally fair. The Deputy President concluded that there was no error in the FWC's decision to approve the enterprise agreement. The court upheld the approval of the Cleanaway - Solid Waste Services Townsville Region Enterprise Agreement 2019, confirming that it met the necessary legal standards.

Cleanaway Operations Pty Ltd

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established