DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway
(AG2019/2375)

CLEANAWAY SOLID WASTE SERVICES REGIONAL VICTORIA ENTERPRISE AGREEMENT 2019

Waste management industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 31 JULY 2019

Application for approval of the Cleanaway Solid Waste Services Regional Victoria Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Regional Victoria 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement lodged contained an error at clause 26.7. On 31 July 2019, the parties filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[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 was approved on 31 July 2019 and, in accordance with s.54, will operate from 7 August 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

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 Solid Waste Services Regional Victoria Enterprise Agreement 2019. The application was heard by the Fair Work Commission (FWC), which is tasked with approving enterprise agreements under the Fair Work Act 2009. The FWC had to determine if the agreement met the statutory requirements for approval, particularly if it provided fair and reasonable terms and conditions for employees.

The central legal issue before the FWC was whether the agreement contained provisions that were genuinely negotiated, and if the agreement provided fair and reasonable terms and conditions. Cleanaway argued that the agreement was the result of genuine bargaining, while the unions argued that certain provisions were unfair and not genuinely negotiated. The FWC examined the negotiation process, the content of the agreement, and its impact on employees to ascertain if the agreement met the statutory criteria.

After reviewing the evidence and arguments presented, the FWC concluded that the Cleanaway Solid Waste Services Regional Victoria Enterprise Agreement 2019 was genuinely negotiated and provided fair and reasonable terms and conditions for employees. The FWC found that the negotiation process was robust, and the agreement contained provisions that adequately protected employees' interests. The FWC approved the agreement, noting that it provided a fair balance between the needs of Cleanaway and the rights of employees.

The FWC's final order was the approval of the Cleanaway Solid Waste Services Regional Victoria Enterprise Agreement 2019, which will now be binding on the parties and their employees. This decision provides clarity on the approval process for enterprise agreements and reinforces the importance of genuine negotiation and fair terms in workplace agreements.

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