DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway
(AG2018/7112)

CLEANAWAY SOLID WASTE SERVICES WESTERN AUSTRALIA - SOUTH WEST REGION ENTERPRISE AGREEMENT 2018

Waste management industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 18 APRIL 2019

Application for approval of the Cleanaway Solid Waste Services Western Australia - South West Region Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Western Australia - South West Region Enterprise Agreement 2018 (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] 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.

[3] Subject to the undertakings, 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 25 April 2019. The nominal expiry date of the Agreement is 18 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, trading as Cleanaway, applied to the Fair Work Commission for the approval of the Cleanaway Solid Waste Services Western Australia - South West Region Enterprise Agreement 2018. The application came before the Commission in a hearing where various stakeholders, including union representatives and the company, presented their arguments. The primary dispute centred on the terms and conditions outlined in the proposed agreement, specifically concerning the classification and remuneration of employees within the solid waste services sector.

The legal issues before the Commission involved whether the proposed agreement met the requirements of the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with procedural requirements such as proper notice and consultation. The Commission had to evaluate the fairness of the agreement in light of various factors, including the parties' bargaining positions, the nature of the industry, and the overall economic climate.

The Commission, after considering the submissions and evidence presented, determined that the proposed agreement was fair and reasonable. The terms and conditions were deemed to be equitable, taking into account the specific circumstances of the industry and the bargaining positions of the parties. The Commission found that the agreement complied with all procedural requirements and that it would promote harmonious, productive, and cooperative workplace relationships. Consequently, the Fair Work Commission approved the Cleanaway Solid Waste Services Western Australia - South West Region Enterprise Agreement 2018, affirming its compliance with the statutory framework.

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