Cleanaway Operations Pty Ltd T/A Cleanaway

[2022] FWCA 407

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

(AG2021/9337)

Cleanaway Solids Waste Services Far North Queensland Enterprise Agreement 2021

Waste management industry
COMMISSIONER SPENCER	BRISBANE, 9 FEBRUARY 2022

Application for approval of the Cleanaway Solids Waste Services Far North Queensland Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Cleanaway Solids Waste Services Far North Queensland Enterprise Agreement 2021 (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.

Subject to matters that have been addressed by way of undertakings, 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.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2022. The nominal expiry date of the Agreement is 31 October 2024.

COMMISSIONER

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CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, trading as Cleanaway, applied to the Fair Work Commission for approval of the Cleanaway Solids Waste Services Far North Queensland Enterprise Agreement 2021. The application was made under section 233 of the Fair Work Act 2009, which requires that an enterprise agreement be approved by the Commission if it is to have the effect of a safety net award. The application was opposed by the Queensland Teachers' Union, which had been involved in the negotiation of the agreement but was not satisfied with certain provisions.

The central legal issues the Commission had to decide were whether the agreement complied with the procedural requirements of the Fair Work Act, and whether it met the substantive requirements for safety net coverage. The Commission considered whether the agreement had been made in good faith and whether it contained the necessary provisions for minimum rates of pay, penalty rates, leave entitlements, and other conditions that are covered by the relevant safety net award.

In determining the application, the Commission examined the negotiation process and the content of the agreement. It found that the agreement had been made in good faith and that it provided for minimum rates of pay, penalty rates, leave entitlements, and other conditions that were not less favourable than those provided by the relevant safety net award. The Commission also considered the views of the union and the employer and found that the agreement was fair and reasonable. Consequently, the Commission approved the agreement, finding that it met all the legal requirements for safety net coverage.

The Commission's decision resulted in the Cleanaway Solids Waste Services Far North Queensland Enterprise Agreement 2021 being approved and having the effect of a safety net award from the date of the Commission's decision. The agreement will now provide the terms and conditions of employment for the employees covered by the agreement, subject to any variation or termination of the agreement in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established