Cleanaway Operations Pty Ltd

[2019] FWCA 6837

[2019] FWCA 6837

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2019/3485)

Cleanaway Solid Waste Services South Australia Post Collections Operator Enterprise Agreement 2019

Waste management industry
Commissioner Platt	ADELAIDE, 4 OCTOBER 2019

Application for approval of the Cleanaway Solid Waste Services South Australia Post Collections Operator Enterprise Agreement 2019.

1. An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services South Australia Post Collections Operator Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cleanaway Operations Pty Ltd. The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 24 September 2019.

1. On 2 October 2019, my Chambers corresponded with the parties by email to seek clarification about aspects of the Agreement and I invited the Applicant to address these matters including through the provision of an undertaking.

1. The Applicant has submitted an undertaking in the required form dated 3 October 2019.  The undertaking deals with the following topic:

·   The Applicant has inserted a National Employment Standards (NES) precedence clause.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative that responded supports the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The Transport Workers’ Union, 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) of the Act I note that the Agreement covers this organisation.

2. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 5 September 2023.

COMMISSIONER

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