DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway
(AG2020/473)

CLEANAWAY SOLID WASTE SERVICES GEELONG (COMMERCIAL & INDUSTRIAL) ENTERPRISE AGREEMENT 2020.

Waste management industry
COMMISSIONER LEE	MELBOURNE, 24 MARCH 2020

Application for approval of the Cleanaway Solid Waste Services Geelong (Commercial & Industrial) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Geelong (Commercial & Industrial) Enterprise Agreement 2020 (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 Agreement is a single enterprise agreement.

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

[3] The Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2020. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd T/A Cleanaway sought approval of the Cleanaway Solid Waste Services Geelong (Commercial & Industrial) Enterprise Agreement 2020. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement provided for the terms and conditions of employment of the employees covered by it and whether it was in the interests of the employees.

The Commission found that the agreement provided for the terms and conditions of employment of the employees and that it was in their interests. The Commission was satisfied that the agreement provided for reasonable arrangements for the determination of wages and other terms and conditions of employment and that it provided for adequate protection for employees. The Commission was also satisfied that the agreement provided for the fair and efficient operation of the enterprise and that it was in the interests of the employees.

The Fair Work Commission approved the Cleanaway Solid Waste Services Geelong (Commercial & Industrial) Enterprise Agreement 2020. The agreement is now registered and in force. The approval is effective from the date of registration and will remain in force until it is terminated or varied by a subsequent enterprise 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