DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway
(AG2020/1971)

CLEANAWAY LIQUID WASTE SERVICES PADSTOW ENTERPRISE AGREEMENT 2019

Waste management industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 AUGUST 2020

Application for variation of the Cleanaway Liquid Waste Services Padstow Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Cleanaway Liquid Waste Services Padstow Enterprise Agreement 2019 (the Agreement). The application was made by Cleanaway Operations Pty Ltd T/A Cleanaway pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 4 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, trading as Cleanaway, applied to the Fair Work Commission to vary the Cleanaway Liquid Waste Services Padstow Enterprise Agreement 2019. The application sought changes to the terms and conditions of employment for the employees covered by the agreement. The Fair Work Commission was tasked with determining whether the proposed changes were appropriate and necessary for the business of Cleanaway, considering the economic and operational context of the company.

The legal issues before the Commission involved assessing whether the proposed changes to the enterprise agreement were justified under the Fair Work Act 2009. Specifically, the Commission had to determine if the changes were necessary to allow Cleanaway to be competitive and profitable, and whether they were fair and reasonable in the circumstances. The application also required the Commission to consider whether the changes were in line with the principles of good faith bargaining and the overall objectives of the Fair Work Act.

In making its decision, the Commission examined the economic viability of Cleanaway and the need for changes to remain competitive. It considered the evidence presented by Cleanaway regarding the financial pressures and operational challenges faced by the company. The Commission also evaluated the impact of the proposed changes on the employees, including any potential benefits or detriments. After careful consideration, the Commission found that the proposed changes were necessary to ensure the long-term viability of Cleanaway and were fair and reasonable in the circumstances. The Commission approved the application and varied the enterprise agreement accordingly.

The final orders of the Commission included specific changes to the enterprise agreement, such as adjustments to pay rates, working hours, and other employment conditions. The varied agreement was to be effective from the date of the Commission's decision and applied to the employees covered by the original agreement.

Cleanaway Operations Pty Ltd T/A Cleanaway

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established