Cleanaway Operations Pty Ltd T/A Cleanaway

[2024] FWCA 672

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway

(AG2024/13)

CLEANAWAY BEGA DEPOT ENTERPRISE AGREEMENT 2023

Waste management industry
COMMISSIONER DURHAM	BRISBANE, 20 FEBRUARY 2024

Application for approval of the Cleanaway Bega Depot Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Cleanaway Bega Depot Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Cleanaway Operations Pty Ltd trading as Cleanaway, sought approval of the Cleanaway Bega Depot Enterprise Agreement 2023 from the Fair Work Commission. The agreement was in question for its coverage of employees and its provisions, particularly those concerning classification and wages. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues at hand revolved around whether the agreement provided for fair and reasonable terms and conditions for the employees covered by it. The Commission had to assess whether the agreement complied with the relevant sections of the Fair Work Act, including those pertaining to the coverage of employees, classification, and remuneration. It was also necessary to determine if the agreement was free from any unfair content and if it had been genuinely agreed upon by the employer and the employees.

The Fair Work Commission found that the agreement did not adequately cover all employees who were intended to be included under its terms. The Commission noted that some employees were inadvertently excluded from the agreement's coverage, which was a significant oversight. Furthermore, certain provisions regarding classification and wages were found to be deficient in ensuring fair and reasonable terms for the employees. The Commission concluded that, while the intention behind the agreement was good, its execution did not meet the statutory requirements for approval. As a result, the Commission did not approve the agreement.

The Fair Work Commission directed that the applicant revise the agreement to ensure it properly covers all intended employees and contains fair and reasonable terms. The Commission also instructed Cleanaway to address the deficiencies in classification and wage provisions. Once these revisions were made, the revised agreement would need to be resubmitted for approval. The Commission's decision highlighted the importance of thoroughness and compliance in the drafting and approval of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established