DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway
(AG2019/4088)

CLEANAWAY SOLID WASTE SERVICES (COMMERCIAL & INDUSTRIAL - MELBOURNE METRO SOUTH) ENTERPRISE AGREEMENT 2019

Waste management industry
COMMISSIONER WILSON	MELBOURNE, 9 DECEMBER 2019

Application for approval of the Cleanaway Solid Waste Services (Commercial & Industrial - Melbourne Metro South) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services (Commercial & Industrial - Melbourne Metro South) Enterprise Agreement 2019 (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] 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[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 16 December 2019. The nominal expiry date of the Agreement is 1 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd T/A Cleanaway applied to the Fair Work Commission for the approval of the Cleanaway Solid Waste Services (Commercial & Industrial - Melbourne Metro South) Enterprise Agreement 2019. The application was made under section 234 of the Fair Work Act 2009. The Commission was required to decide whether the agreement met the requirements of the Act and whether its approval was in the public interest.

The primary legal issue before the Commission was whether the agreement complied with the statutory provisions of the Act, including the requirement for fair and reasonable terms and conditions. The Commission considered whether the agreement provided for a fair and reasonable balance of employees' and employers' interests and whether it complied with the procedural requirements for the approval of enterprise agreements. The Commission also had to assess whether the agreement was in the public interest, considering factors such as its impact on the economy, employment, and industrial relations.

The Fair Work Commission approved the Cleanaway Solid Waste Services (Commercial & Industrial - Melbourne Metro South) Enterprise Agreement 2019. The Commission found that the agreement met the requirements of the Act and was in the public interest. The Commission considered that the agreement provided for a fair and reasonable balance of employees' and employers' interests and complied with the procedural requirements for the approval of enterprise agreements. The Commission also found that the agreement would not have an adverse effect on the economy, employment, or industrial relations.

No further orders were made.

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