Cleanaway Operations Pty Ltd Summary

[2019] FWCA 6829

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2019/3650)

Cleanaway Industrial & Waste Services Victoria Enterprise Agreement 2019

Manufacturing and associated industries
Commissioner McKinnon	MELBOURNE, 3 OCTOBER 2019

Application for approval of the Cleanaway Industrial & Waste Services Victoria Enterprise Agreement 2019.

Application has been made for approval of a single enterprise agreement known as the Cleanaway Industrial & Waste Services Victoria Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cleanaway Operations Pty Ltd.

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.

The Australian 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2019. The nominal expiry date of the Agreement is 18 July 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Cleanaway Operations Pty Ltd, which sought approval for the Cleanaway Industrial & Waste Services Victoria Enterprise Agreement 2019. The application was brought before the Fair Work Commission, where the dispute centred around whether the proposed agreement met the necessary standards and requirements for approval under Australian labour law. The agreement in question sought to establish terms and conditions of employment for certain workers in the waste services industry.

The legal issues before the court were multifaceted, encompassing whether the agreement provided for fair and reasonable terms of employment, whether it complied with the statutory requirements of the Fair Work Act 2009, and whether it adhered to the Fair Work (Registered Organisations) Act 2009. Additionally, the court examined whether the agreement adequately covered essential aspects such as minimum wages, working hours, leave entitlements, and other critical employment conditions. The court also had to consider the views of the involved parties, including the employees and the employer, to ensure the agreement was fair and balanced.

In reaching its decision, the court meticulously reviewed the proposed agreement against the statutory benchmarks provided by the Fair Work Act and the Fair Work (Registered Organisations) Act. The court found that the agreement largely met the requirements for fair and reasonable terms, as it provided for adequate wages, leave entitlements, and other employment conditions that aligned with industry standards. The court acknowledged the importance of the agreement in providing a stable and fair working environment for the employees, while also ensuring that the employer's business interests were protected. Consequently, the court approved the Cleanaway Industrial & Waste Services Victoria Enterprise Agreement 2019, finding it to be fair and reasonable in all respects.

Cleanaway Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established