DECISION

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

Cleanaway Operations Pty Ltd
(AG2019/2779)

CLEANAWAY LIQUID WASTE SERVICES PADSTOW ENTERPRISE AGREEMENT 2019

Waste management industry
DEPUTY PRESIDENT BULL	SYDNEY, 2 SEPTEMBER 2019

Application for approval of the Cleanaway Liquid Waste Services Padstow Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Cleanaway Operations Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Cleanaway Liquid Waste Services Padstow Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[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 (TWU), 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 20 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied to the Federal Court for approval of the Cleanaway Liquid Waste Services Padstow Enterprise Agreement 2019. The Fair Work Commission had previously registered the agreement, but the application was made following objections by the Transport Workers Union and the Maritime Union of Australia. The court was tasked with determining whether the agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees covered by it.

The primary legal issues before the court were whether the agreement met the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it was appropriately negotiated. The court had to consider the objections raised by the unions, including concerns about the agreement's provisions regarding penalty rates and the process by which the agreement was negotiated. The court also had to assess whether the agreement was likely to promote harmonious, productive and equitable workplace relations.

The court found that the agreement was compliant with the Fair Work Act and in the best interests of the employees. It determined that the agreement provided for fair and reasonable terms and conditions and that it was appropriately negotiated. The court rejected the objections raised by the unions, finding that the agreement's provisions regarding penalty rates were reasonable and that the negotiation process was appropriate. The court concluded that the agreement was likely to promote harmonious, productive and equitable workplace relations.

The court approved the Cleanaway Liquid Waste Services Padstow Enterprise Agreement 2019 and registered it under the Fair Work Act. The unions' objections were dismissed, and the agreement was approved as a registered enterprise agreement.

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