DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2019/2793)

CLEANAWAY SOLID WASTE SERVICES SOUTH AUSTRALIA WORKSHOP ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 21 AUGUST 2019

Application for approval of the Cleanaway Solid Waste Services South Australia Workshop Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services South Australia Workshop 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.

[2] The matter was allocated to my Chambers on 9 August 2019.

[3] On 20 August 2019, I contacted the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 20 August 2019. The undertaking deals with the following topics:

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

• The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

[5] 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 representatives did not express any view on the undertaking.

[6] 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.

[7] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[9] 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.

[10] 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 29 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd was the applicant seeking approval of the Cleanaway Solid Waste Services South Australia Workshop Enterprise Agreement 2019. The application was made to the Fair Work Commission, which was required to determine whether the agreement was appropriate for approval under the Fair Work Act 2009. The nature of the dispute centred around whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions for the employees involved.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable rate of pay for the employees, whether the agreement included appropriate provisions for consultation and communication between the employer and employees, and whether the agreement was consistent with the broader principles of the Fair Work Act. The Commission also needed to consider whether the agreement met the requirements for "single-interest" enterprise agreements and whether it complied with the "better off overall test."

In its decision, the Commission found that the agreement did provide for fair and reasonable terms and conditions for the employees, including a rate of pay that was consistent with industry standards. The Commission also found that the agreement included appropriate provisions for consultation and communication, and that it was consistent with the principles of the Fair Work Act. The Commission determined that the agreement met the requirements for a "single-interest" enterprise agreement and that it passed the "better off overall test." As a result, the Commission approved the Cleanaway Solid Waste Services South Australia Workshop Enterprise Agreement 2019.

The Fair Work Commission approved the Cleanaway Solid Waste Services South Australia Workshop Enterprise Agreement 2019. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, included appropriate provisions for consultation and communication, and was consistent with the principles of the Fair Work Act. The agreement also met the requirements for a "single-interest" enterprise agreement and passed the "better off overall test."

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