Cleanaway Operations Pty Ltd T/A Cleanaway

[2024] FWCA 569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway

(AG2024/136)

CLEANAWAY DANIELS VICTORIAN & TASMANIAN ENTERPRISE AGREEMENT 2023

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 12 FEBRUARY 2024

Application for approval of the Cleanaway Daniels Victorian & Tasmanian Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Cleanaway Daniels Victorian & Tasmanian 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 Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in 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 of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Transport Workers’ Union of Australia 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 Agreement is approved and in accordance with s.54, will operate from 19 February 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Cleanaway Operations Pty Ltd, trading as Cleanaway, applied for the approval of the Cleanaway Daniels Victorian & Tasmanian Enterprise Agreement 2023. The application involved the consideration of various provisions within the agreement, which aimed to regulate employment conditions for workers across Victoria and Tasmania. The dispute centred on the fairness and compliance of the agreement with the relevant labour laws, particularly those concerning employee entitlements, working hours, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the agreement provided fair terms and conditions for employees, and if it complied with the Fair Work Act 2009. Specific attention was given to provisions regarding pay rates, leave entitlements, shift patterns, and the processes for resolving workplace disputes. The Commission needed to determine if the agreement was made in good faith, if it covered all necessary aspects of the employment relationship, and if it adhered to the principles of procedural fairness and substantive fairness.

The Commission evaluated the evidence and submissions from both Cleanaway and the union representing the employees. It considered the nature of the work, the bargaining positions of the parties, and the broader economic context. The Commission concluded that the agreement was fair and compliant with the statutory requirements. It found that the provisions were reasonable in terms of the pay rates, leave entitlements, and the dispute resolution mechanisms. The Commission approved the Cleanaway Daniels Victorian & Tasmanian Enterprise Agreement 2023, emphasising its satisfaction with the balance achieved between the interests of the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established