Cleanaway Operations Pty Ltd T/A Cleanaway Summary

[2024] FWCA 2155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway

(AG2024/1926)

CLEANAWAY SOLID WASTE SERVICES CLAYTON AND LYSTERFIELD TRANSFER STATION ENTERPRISE AGREEMENT 2024

Waste management industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 12 JUNE 2024

Application for approval of the Cleanaway Solid Waste Services Clayton and Lysterfield Transfer Station Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Clayton and Lysterfield Transfer Station Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cleanaway Operations Pty Ltd T/A Cleanaway. The Agreement is a single enterprise agreement.

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.

The Australian Workers' Union (AWU) 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) I note that the Agreement covers the organisation. The AWU supports approval of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2024. The nominal expiry date of the Agreement is 12 June 2027.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, trading as Cleanaway, applied for approval of the Cleanaway Solid Waste Services Clayton and Lysterfield Transfer Station Enterprise Agreement 2024. The application was heard by the Fair Work Commission. The dispute centred on the terms and conditions of employment for workers at the Clayton and Lysterfield Transfer Station, including issues of wages, hours, leave entitlements, and other workplace rights.

The central legal issues before the Commission were whether the terms of the proposed agreement complied with the Fair Work Act 2009, and whether it provided for fair and reasonable terms of employment. The Commission had to consider the balance of interests between the employer and employees, as well as the broader implications for the workforce. The Commission examined whether the agreement met the requirements of being a "better off overall test" for employees, ensuring that the terms of the agreement provided at least the same benefits as the applicable award or previous enterprise agreement.

The Fair Work Commission found that the proposed enterprise agreement provided for fair and reasonable terms of employment. The Commission took into account the views of both parties, the economic context, and the need for a workable agreement that met the needs of the business while also protecting the rights of employees. The Commission concluded that the agreement provided a fair and reasonable balance of rights and obligations for both parties and met the requirements of the Fair Work Act. The application for approval was subsequently granted.

The Fair Work Commission approved the Cleanaway Solid Waste Services Clayton and Lysterfield Transfer Station Enterprise Agreement 2024, confirming that it provided for fair and reasonable terms of employment for the employees covered by the agreement. The Commission's decision was based on a comprehensive review of the application, taking into account the evidence and submissions from both parties, and ensuring that the agreement complied with all relevant legal requirements.

Cleanaway Operations Pty Ltd T/A Cleanaway

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established