Cleanaway Operations Pty Ltd T/A Cleanaway

[2022] FWCA 4511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway

(AG2022/5120)

Cleanaway Solid Waste Services Regional Victoria Enterprise Agreement 2021

Waste management industry
COMMISSIONER PLATT	ADELAIDE, 20 DECEMBER 2022

Application for approval of the Cleanaway Solid Waste Services Regional Victoria Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Regional Victoria Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cleanaway Operations Pty Ltd T/A Cleanaway (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 16 December 2022 and was determined on the papers.

The Transport Workers’ Union (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 20 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, trading as Cleanaway, sought approval for the Cleanaway Solid Waste Services Regional Victoria Enterprise Agreement 2021. The application was made to the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The nature of the dispute involved ensuring that the proposed agreement complied with the legal standards for enterprise agreements, particularly in relation to the procedural fairness and the terms concerning the employees' working conditions and entitlements.

The legal issues before the Commission centred on whether the agreement met the requirements of the Fair Work Act, specifically sections 230 and 231, which mandate that enterprise agreements must be approved by the Commission and that they provide for fair and appropriate terms and conditions. Key points of contention included the process by which the agreement was negotiated and whether the agreement appropriately balanced the interests of both the employer and the employees. Additionally, the Commission needed to consider whether the agreement provided for a proper method of dispute resolution and if it allowed for the protection of employees' rights.

The Commission found that the agreement had been negotiated in good faith and that it contained appropriate terms and conditions for the employees. The Commission noted that the process of negotiation and the documentation provided were sufficient to demonstrate procedural fairness. Furthermore, the terms of the agreement were considered to be fair and reasonable, taking into account the economic climate and the specific needs of the industry. The Commission was satisfied that the agreement provided for adequate dispute resolution mechanisms and the protection of employees' rights. Consequently, the Fair Work Commission approved the Cleanaway Solid Waste Services Regional Victoria Enterprise Agreement 2021, determining that it met all the necessary legal requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established