DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway
(AG2020/1)

CLEANAWAY LIQUID WASTE DANDENONG ENTERPRISE AGREEMENT 2019

Waste management industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 13 FEBRUARY 2020

Application for approval of the Cleanaway Liquid Waste Dandenong Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Liquid Waste Dandenong Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cleanaway Operations Pty Ltd T/A Cleanaway (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings, 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. The undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2020. The nominal expiry date of the Agreement is 1 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Cleanaway Operations Pty Ltd T/A Cleanaway, the Fair Work Commission was tasked with considering an application for approval of the Cleanaway Liquid Waste Dandenong Enterprise Agreement 2019. This dispute involved the employer, Cleanaway Operations Pty Ltd, trading as Cleanaway, and the union, the Transport Workers Union of Australia, which represented the employees. The matter revolved around the terms and conditions of employment, specifically focusing on the proposed enterprise agreement.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for the terms and conditions of employment for the relevant employees and if it was in the best interests of those employees. The union contended that the agreement did not adequately address certain issues, including the treatment of casual employees and the definition of 'work'. Conversely, the employer argued that the agreement was fair and met all necessary statutory requirements.

The Commission carefully examined the provisions of the proposed agreement, considering the evidence and submissions from both parties. The Commission found that the agreement was comprehensive and provided for the necessary terms and conditions of employment. It noted that the agreement included provisions for casual employees, albeit with some limitations, and that it met the criteria for approval under the Fair Work Act. The Commission concluded that the agreement was in the best interests of the employees and approved the enterprise agreement.

As a result of the decision, the Cleanaway Liquid Waste Dandenong Enterprise Agreement 2019 was approved by the Fair Work Commission. This decision sets a precedent for the terms and conditions of employment within the Cleanaway Liquid Waste Dandenong enterprise, ensuring that both the employer and employees are bound by the agreed terms moving forward.

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