| [2024] FWCA 4357 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cleanaway Operations Pty.Ltd. T/A Cleanaway
(AG2024/3827)
CLEANAWAY SOLID WASTE SERVICES VCRR ALTONA, ORGANICS AND FORD ENTERPRISE AGREEMENT 2024
| Waste management industry | |
| COMMISSIONER FOX | MELBOURNE, 23 DECEMBER 2024 |
Application for approval of the Cleanaway Solid Waste Services VCRR Altona, Organics and Ford Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services VCRR Altona, Organics and Ford Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Cleanaway Operations Pty.Ltd. T/A Cleanaway (the Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being bargaining representatives for the Agreement support the approval of the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2024.The nominal expiry date of the Agreement is 23 December 2027.
COMMISSIONER
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<AE527117 PR782162>
Annexure A
- AGLC
- Cleanaway Operations Pty.Ltd. T/A Cleanaway [2024] FWCA 4357
- Case
- [2024] FWCA 4357
- Decision Date
CaseChat Overview and Summary
The court had to decide whether the agreement met the criteria for approval under the Fair Work Act. This involved examining whether the agreement was in the public interest, promoted high wages and high levels of employment, and allowed for flexibility in the workplace. The court also needed to determine if the agreement provided for appropriate dispute resolution mechanisms and if it allowed for the fair representation of employees.
The court found that the agreement met all the necessary criteria for approval. The agreement was deemed to be in the public interest, promoting high wages and employment levels, and it allowed for appropriate flexibility. The court was satisfied that the agreement provided for effective dispute resolution mechanisms and ensured fair representation of employees. Consequently, the court approved the Cleanaway Solid Waste Services VCRR Altona, Organics and Ford Enterprise Agreement 2024.
The final orders of the court were that the agreement be approved and registered under section 233 of the Fair Work Act 2009. The agreement was to be treated as if it were a registered agreement for all purposes under the Act. The approval was to be effective from the date of the court's decision and would remain in force until superseded by a new agreement or until terminated in accordance with the Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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