DECISION

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

Cleanaway Operations Pty Ltd
(AG2019/3425)

CLEANAWAY SOLID WASTE SERVICES GYMPIE ENTERPRISE AGREEMENT 2019

Waste management industry
COMMISSIONER SIMPSON	BRISBANE, 7 NOVEMBER 2019

Application for approval of the Cleanaway Solid Waste Services Gympie Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Gympie 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] Mr Stephen Baker, Branch Secretary of the Queensland Branch of the Australian Workers’ Union (AWU), lodged a Form F18 statutory giving notice under s.183 of the Act that the AWU wants the Agreement to cover it.

[5] 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.

[6] 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.

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

[8] 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 applied to the Fair Work Commission for approval of the Cleanaway Solid Waste Services Gympie Enterprise Agreement 2019. The applicant is an employer with employees covered by the agreement and the Australian Manufacturing Workers’ Union is the registered trade union involved. The dispute involved whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the "better off overall test" and the "no disadvantaging test." The court was required to determine if the agreement provided employees with benefits that were at least equal to their entitlements under the relevant industrial instrument and whether it disadvantaged employees in any way.

The court examined the agreement's provisions to ensure they met the statutory criteria. The better off overall test required that employees were not worse off under the agreement compared to their existing conditions, and the no disadvantaging test ensured that the agreement did not disadvantage employees. The court considered the evidence provided by both parties, including financial data, expert testimony, and submissions on the impact of the proposed changes on employees. After careful consideration, the court found that the agreement satisfied both the better off overall test and the no disadvantaging test, as it provided employees with benefits that were at least equal to their entitlements and did not disadvantage them.

The Fair Work Commission approved the Cleanaway Solid Waste Services Gympie Enterprise Agreement 2019, confirming that it met the statutory requirements. The decision was based on the comprehensive analysis of the agreement's provisions and the evidence provided by both parties. The court concluded that the agreement provided employees with benefits that were at least equal to their entitlements and did not disadvantage them, thus meeting the statutory criteria under the Fair Work Act 2009.

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