DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway
(AG2018/7280)

CLEANAWAY LIQUID WASTE SERVICES HOMEBUSH DRIVERS ENTERPRISE AGREEMENT 2018

Waste management industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the Cleanaway Liquid Waste Services Homebush Drivers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Liquid Waste Services Homebush Drivers Enterprise Agreement 2018 (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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 17 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, trading as Cleanaway, sought approval of the Cleanaway Liquid Waste Services Homebush Drivers Enterprise Agreement 2018 from the Fair Work Commission. The dispute centred on the provisions of the proposed agreement, which aimed to govern the terms and conditions of employment for drivers working in the liquid waste services sector in the Homebush area. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislative provisions and if it met the requirements for registration under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement adequately covered all the necessary terms and conditions, including pay and conditions, dispute resolution mechanisms, and provisions for termination and redundancy. The Commission also had to consider if the agreement provided for fair and reasonable terms and conditions for employees and whether it was genuinely negotiated between the employer and the employees' representatives. Furthermore, the Commission needed to ensure that the agreement did not unfairly discriminate against any group of employees.

The Fair Work Commission found that the proposed agreement met the necessary requirements for approval. The Commission determined that the agreement covered all the required terms and conditions, was genuinely negotiated, and provided fair and reasonable terms and conditions for the employees. The Commission also found that the agreement did not unfairly discriminate against any group of employees. As a result, the Commission approved the Cleanaway Liquid Waste Services Homebush Drivers Enterprise Agreement 2018.

The Fair Work Commission approved the Cleanaway Liquid Waste Services Homebush Drivers Enterprise Agreement 2018, subject to any amendments required by the legislation. The Commission's decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement met the necessary requirements for registration and compliance with the Fair Work Act 2009.

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