DECISION

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

Cleanaway Operations Pty Ltd
(AG2019/3857)

SOLID WASTE SERVICES WESTERN AUSTRALIA (SOUTH WEST REGION) MAINTENANCE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 6 NOVEMBER 2019

Application for approval of the Solid Waste Services Western Australia (South West Region) Maintenance Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Solid Waste Services Western Australia (South West Region) Maintenance 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 Operations Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Transport Workers' Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2019. The nominal expiry date of the Agreement is 1 April 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Cleanaway Operations Pty Ltd, the Federal Court of Australia was tasked with considering the application for the approval of the Solid Waste Services Western Australia (South West Region) Maintenance Enterprise Agreement 2019. The applicant, Cleanaway Operations Pty Ltd, sought approval for the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for a specified group of employees within its maintenance operations in the South West Region of Western Australia. The dispute centred on the appropriateness and fairness of the proposed agreement in accordance with the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed enterprise agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for minimum rates of pay and conditions, was free from any prohibited content, and did not adversely affect employees' job security. Additionally, the court assessed whether the agreement was made in good faith and whether it was likely to facilitate the improvement of the economic performance of the employer, the employees, or both.

The court found that the proposed enterprise agreement met all the statutory requirements. It provided for minimum rates of pay and conditions, was free from prohibited content, and did not negatively impact job security. Furthermore, the court was satisfied that the agreement was made in good faith and was likely to contribute positively to the economic performance of both the employer and the employees. Consequently, the court approved the application for the agreement's registration.

The court's decision resulted in the formal approval of the Solid Waste Services Western Australia (South West Region) Maintenance Enterprise Agreement 2019, which is now legally binding between Cleanaway Operations Pty Ltd and the affected employees. The agreement is expected to regulate the terms and conditions of employment for the specified group of employees in Cleanaway's maintenance operations in the South West Region of Western Australia.

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