DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway
(AG2019/451)

CLEANAWAY SOLID WASTE SERVICES ALBURY/WODONGA ENTERPRISE AGREEMENT 2019

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 26 MARCH 2019

Application for approval of the Cleanaway Solid Waste Services Albury/Wodonga Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Albury/Wodonga 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.

[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. 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.

[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, will operate from 2 April 2019. The nominal expiry date of the Agreement is 30 September 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission involved Cleanaway Operations Pty Ltd, trading as Cleanaway, seeking approval of the Cleanaway Solid Waste Services Albury/Wodonga Enterprise Agreement 2019. The dispute centred on whether the proposed enterprise agreement was in the best interests of the employees and complied with relevant statutory provisions.

The legal issues before the Court involved the interpretation and application of the Fair Work Act 2009. Specifically, the Court had to determine whether the agreement met the requirements for "better off overall" and whether it contained unfair provisions. Additionally, the Court examined whether the agreement was made in accordance with the procedural requirements of the Act.

In its reasoning, the Court first considered the "better off overall" test, which requires that employees are not worse off financially under the new agreement. The Court found that the agreement provided for increased wages and improved conditions for the employees. The Court then examined the fairness of the provisions, finding that they did not contain any terms that would be considered unfair. Finally, the Court assessed the procedural fairness of the agreement, concluding that the necessary processes were followed in its creation. Based on these findings, the Court approved the 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