DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2019/2078)

CLEANAWAY MUNICIPAL SERVICES - STONNINGTON DEPOT ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER LEE	MELBOURNE, 6 SEPTEMBER 2019

Application for variation of the Cleanaway Municipal Services - Stonnington Depot Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the Cleanaway Municipal Services - Stonnington Depot Enterprise Agreement 2015. (the Agreement). The application was made by Cleanaway Operations Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 19 October 2015. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 6 September 2019.

COMMISSIONER

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CaseChat Overview and Summary

The parties in this case were Cleanaway Operations Pty Ltd and the Transport and Distribution Workers Union of Australia. The dispute centred around the application by Cleanaway to vary certain terms of the Cleanaway Municipal Services - Stonnington Depot Enterprise Agreement 2015. The application was heard by the Fair Work Commission. The legal issues before the Commission included whether the proposed changes were necessary and reasonable in all the circumstances, and whether they were in the best interests of the employees.

The Fair Work Commission examined the necessity of the proposed changes, considering factors such as the economic and operational context of Cleanaway's business. The Commission also assessed whether the changes were reasonable in the circumstances, taking into account the potential impact on employees, and whether the process followed was fair and appropriate. Additionally, the Commission considered whether the proposed changes were in the best interests of the employees, particularly in terms of their employment conditions and job security.

In its decision, the Fair Work Commission found that the proposed changes were necessary due to economic pressures and operational requirements. The Commission determined that the changes were reasonable and had been made in good faith. It also concluded that the process followed was fair and that the changes were in the best interests of the employees. Accordingly, the Commission varied the enterprise agreement to incorporate the proposed changes.

The Fair Work Commission ordered that the Cleanaway Municipal Services - Stonnington Depot Enterprise Agreement 2015 be varied as per the application by Cleanaway, with the changes to take effect from the date specified in the application. The parties were directed to take all necessary steps to give effect to the variation.

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