DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2019/2909)

CLEANAWAY SOLID WASTE SERVICES MOUNT GAMBIER OPERATIONS ENTERPRISE AGREEMENT 2019

Waste management industry
COMMISSIONER PLATT	ADELAIDE, 21 AUGUST 2019

Application for approval of the Cleanaway Solid Waste Services Mount Gambier Operations Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Mount Gambier Operations 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 19 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 topic:

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

[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 supported 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 undertaking is taken to be a term of the Agreement.

[7] The Transport Workers’ Union of Australia (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 this organisation.

[8] 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.

[9] 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 10 January 2022.

COMMISSIONER

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CaseChat Overview and Summary

Cleanaway Operations Pty Ltd recently came before the Fair Work Commission in an application for the approval of the Cleanaway Solid Waste Services Mount Gambier Operations Enterprise Agreement 2019. The parties involved were Cleanaway Operations Pty Ltd, the employer, and the Australian Manufacturing Workers' Union, the representative of the employees. The nature of the dispute was the validity and fairness of the proposed enterprise agreement, which was intended to regulate the terms and conditions of employment for workers at Cleanaway's Mount Gambier operations.

The legal issues before the court required determination of whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of procedural fairness and the protection of employees' rights. The court had to consider whether the agreement was made in accordance with the statutory requirements, whether it dealt with matters that were genuinely bargainable, and whether it provided for a fair and reasonable outcome for the employees. Additionally, the court examined if there was any unfair discrimination against any group of employees and whether the agreement was in the best interests of the employees.

In its decision, the Fair Work Commission found that the Cleanaway Solid Waste Services Mount Gambier Operations Enterprise Agreement 2019 was compliant with the statutory requirements. The court determined that the agreement was made in good faith and that it dealt with genuinely bargainable matters. The commission held that the agreement provided for a fair and reasonable outcome for the employees, taking into account the economic and social context of the enterprise. The court concluded that there was no unfair discrimination against any group of employees and that the agreement was in their best interests. Therefore, the commission approved the agreement, confirming its compliance with the relevant provisions of the Fair Work Act 2009.

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