DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2019/3379)

CLEANAWAY SOLID WASTE SERVICES GREATER WIDE BAYENTERPRISE AGREEMENT 2019

Waste management industry
COMMISSIONER SIMPSON	BRISBANE, 6 NOVEMBER 2019

Application for approval of the Cleanaway Solid Waste Services Greater Wide Bay Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Greater Wide Bay 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 Breach 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 was the subject of an application for the approval of the Cleanaway Solid Waste Services Greater Wide Bay Enterprise Agreement 2019. The application was brought before the Fair Work Commission by the Australian Council of Trade Unions, and opposed by Cleanaway Operations. The dispute centred on whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009.

The central legal issues for the Commission to determine were whether the proposed agreement was a "bargained agreement", meaning that it had been made by the employer and employees through genuine and meaningful negotiation, and whether it met the "better off overall test" which requires that the terms of the agreement must not be less favourable to the employees than the applicable award or safety net.

The Commission found that the agreement had been genuinely bargained, as evidenced by the negotiation process and the engagement of independent facilitators. It also found that the proposed agreement met the better off overall test. The Commission considered the specific provisions of the agreement and their impact on the employees, concluding that the employees would be better off overall with the proposed agreement than under the existing award.

As a result, the Fair Work Commission approved the Cleanaway Solid Waste Services Greater Wide Bay Enterprise Agreement 2019. This approval was based on the evidence provided and the Commission's determination that the agreement was fair and reasonable, and met all statutory requirements.

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