DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway
(AG2019/3894)

CLEANAWAY LIQUID WASTE THOMASTOWN & CAMPBELLFIELD ENTERPRISE AGREEMENT 2019

Waste management industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 29 OCTOBER 2019

Application for approval of the Cleanaway Liquid Waste Thomastown & Campbellfield Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Liquid Waste Thomastown & Campbellfield 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. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2019. The nominal expiry date of the Agreement is 22 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, trading as Cleanaway, sought approval for the Cleanaway Liquid Waste Thomastown & Campbellfield Enterprise Agreement 2019. The application was brought before the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement complied with the relevant legislative provisions and whether it met the requirements for approval under the Fair Work Act 2009.

The court needed to determine if the agreement provided for the lawful, valid and binding terms that covered all employees involved, and if it had been made in good faith. Additionally, the court assessed whether the agreement met the "better off overall test" by ensuring that employees were not worse off than they would be under the applicable award or safety net. The court also considered if the agreement contained appropriate mechanisms for resolving disputes between the parties.

Upon review, the Fair Work Commission found that the agreement was made in good faith and was better off overall for the employees. The Commission noted that the agreement included appropriate dispute resolution mechanisms and was compliant with the requirements of the Act. The Commission approved the Cleanaway Liquid Waste Thomastown & Campbellfield Enterprise Agreement 2019, finding it met all necessary legal criteria for approval.

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