Cleanaway Operations Pty Ltd t/a Cleanaway

[2021] FWCA 5058

[2021] FWCA 5058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd t/a Cleanaway
(AG2021/6520)

CLEANAWAY MELBOURNE VEHICLE WORKSHOPS ENTERPRISE AGREEMENT 2021

Waste management industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 17 AUGUST 2021

Application for approval of the Cleanaway Melbourne Vehicle Workshops Enterprise Agreement 2021.

[1] Cleanaway Operations Pty Ltd has applied for approval of a single enterprise agreement known as the Cleanaway Melbourne Vehicle Workshops Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and do so pursuant to s.586(b).

[3] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representative did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[4] Noting the Undertaking, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application and the Undertaking, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 17 August 2021 and, in accordance with s.54, will operate from 24 August 2021. The nominal expiry date of the Agreement is 17 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A