DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd t/a Cleanaway
(AG2019/4881)

CLEANAWAY LIQUID WASTE MACKAY REGION ENTERPRISE AGREEMENT 2019

Waste management industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 JANUARY 2020

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

[1] Cleanaway has applied for approval of a single enterprise agreement known as the Cleanaway Liquid Waste Mackay Region Enterprise Agreement 2019 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct two typographical errors in the original application to correct cross – referencing, by filing two amended Agreement pages. The employee bargaining representatives did not oppose the amendments. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] On the basis of the material contained in the application, amended Agreement pages, and further information provided on request of the Commission, 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.

[5] The Agreement was approved on 20 January 2020 and, in accordance with s.54, will operate from 27 January 2020. The nominal expiry date of the Agreement is 30 December 2023.

[6] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, trading as Cleanaway, applied for approval of the Cleanaway Liquid Waste Mackay Region Enterprise Agreement 2019. The application was heard by the Fair Work Commission. The dispute arose from the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for workers in the Mackay region. The primary issues revolved around the fairness and compliance of the agreement with relevant industrial laws.

The court had to determine whether the agreement met the necessary criteria under the Fair Work Act 2009, including whether it provided for a fair rate of pay and reasonable conditions, and if it was free from coercion or unfair terms. The court also needed to consider the submissions from both Cleanaway and the relevant unions regarding the fairness and effectiveness of the proposed agreement.

In its reasoning, the Fair Work Commission examined the provisions of the agreement in detail, weighing the arguments presented by both parties. The Commission found that the agreement contained terms that were fair and reasonable, providing adequate protections for employees while also meeting the operational needs of the business. The Commission approved the agreement, noting that it complied with the statutory requirements and adequately balanced the interests of both employers and employees.

The Commission issued an order approving the Cleanaway Liquid Waste Mackay Region Enterprise Agreement 2019, effective from the date of the decision. This approval allows the agreement to be implemented, governing the terms and conditions of employment for the relevant workers.

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