DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway
(AG2018/5484)

CLEANAWAY INDUSTRIAL SERVICES SYDNEY ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	SYDNEY, 23 JANUARY 2019

Application for approval of the Cleanaway Industrial Services Sydney Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Industrial Services Sydney 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] 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 January 2019 and, in accordance with s.54, will operate from 30 January 2019. The nominal expiry date of the Agreement is 1 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Cleanaway Operations Pty Ltd trading as Cleanaway, sought approval of the Cleanaway Industrial Services Sydney Enterprise Agreement 2018. The respondent, the Transport and Industrial Officers Union of Australia, opposed the application, primarily on the grounds that the agreement did not meet the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for the proper payment of minimum rates of pay, entitlements, and other conditions as stipulated by the Act, and whether the agreement was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees it covered.

The Commission found that the agreement did meet the statutory requirements, providing for minimum rates of pay, allowances, and other entitlements as mandated by the Fair Work Act. The Commission was satisfied that the agreement was made in good faith, without any element of coercion, and that it was in the best interests of the employees, providing them with fair and reasonable terms and conditions of employment. Consequently, the Commission approved the agreement, and it will now form the basis of employment for the employees covered by 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