DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway
(AG2019/1786)

CLEANAWAY MELBOURNE VEHICLE WORKSHOPS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 31 JULY 2019

Application for variation of the Cleanaway Melbourne Vehicle Workshops Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Cleanaway Melbourne Vehicle Workshops Enterprise Agreement 2017 (the Agreement). The application was made by Cleanaway Operations Pty Ltd T/A Cleanaway pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 22 May 2017. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, trading as Cleanaway, applied to the Fair Work Commission for a variation of the Cleanaway Melbourne Vehicle Workshops Enterprise Agreement 2017. The dispute centred on the changes to the workplace arrangements and the implications these had on the employees’ terms and conditions. The Commission was tasked with determining whether the proposed changes were fair and reasonable in all the circumstances.

The legal issues before the Commission included whether the changes to the workplace arrangements were necessary and reasonable, and whether they had been negotiated in good faith. The Commission also needed to assess the impact of these changes on the employees and whether the proposed terms were consistent with the principles of fairness and equity. The primary concern was whether the changes would result in a detriment to the employees and if any detriments were justified.

The Commission concluded that the proposed changes were necessary and reasonable given the operational requirements of Cleanaway. It found that the changes had been negotiated in good faith and that the impact on the employees, while significant, was justified by the need for operational efficiency. The Commission determined that the changes were fair and reasonable and did not result in an undue detriment to the employees. Therefore, the application for variation was approved, and the amended agreement was registered.

The final orders included the registration of the varied agreement, effective from the date of the decision. The new terms and conditions were to apply to all employees covered by the original agreement, subject to the specific provisions of the varied 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