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

Annexure A

Cleanaway Operations Pty Ltd, trading as Cleanaway, applied to the Fair Work Commission for approval of the Cleanaway Melbourne Vehicle Workshops Enterprise Agreement 2021. The application was contested by the Transport Workers Union of Australia, which objected to certain provisions of the agreement, particularly those relating to casual employment and the use of subcontractors. The matter was heard by the Commission in Melbourne.

The central legal issues before the Commission were whether the provisions of the proposed agreement were consistent with the Fair Work Act 2009 and whether they provided adequate protections for employees. The Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, including whether the proposed terms for casual employment and the use of subcontractors were justifiable.

After considering the submissions from both parties, the Commission found that the proposed agreement was consistent with the Fair Work Act. The Commission held that the terms regarding casual employment and the use of subcontractors were fair and reasonable, taking into account the specific circumstances of the industry and the need for flexibility in operations. The Commission approved the Cleanaway Melbourne Vehicle Workshops Enterprise Agreement 2021.

No further orders were made by the Commission beyond the approval of the agreement.

Cleanaway Operations Pty Ltd t/a Cleanaway

DECISION

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Legal Principle Established