DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway
(AG2018/5158)

CLEANAWAY (TULLAMARINE DEPOT) DRIVERS ENTERPRISE AGREEMENT 2017

Waste management industry
COMMISSIONER GREGORY	MELBOURNE, 15 JANUARY 2019

Application for approval of the Cleanaway (Tullamarine Depot) Drivers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway (Tullamarine Depot) Drivers Enterprise Agreement 2017 (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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2019. The nominal expiry date of the Agreement is 23 September 2020.

COMMISSIONER

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 approval of the Cleanaway (Tullamarine Depot) Drivers Enterprise Agreement 2017. The application arose under the Fair Work Act 2009, as the agreement in question was a single-employer enterprise agreement. The dispute centred on whether the agreement met the legal requirements for registration under the Fair Work Act, including the need for genuine bargaining between the employer and the employees.

The legal issues before the Commission involved assessing whether the agreement was made in good faith, if it contained the necessary minimum terms, and whether it was properly negotiated. The applicant argued that the agreement was a genuine product of negotiations, contained all the requisite minimum terms, and was beneficial to the employees. The Commission had to consider submissions from both the applicant and the registered union, which raised concerns about the process of bargaining and the fairness of the agreement.

In its decision, the Fair Work Commission found that the agreement was genuinely negotiated and contained all the necessary minimum terms. The Commission emphasised that while the union had raised concerns about the bargaining process, there was no evidence to suggest that the agreement was not the product of genuine negotiations. The Commission also noted that the agreement provided for fair and reasonable terms for the employees. Consequently, the Commission approved the application for registration of the agreement.

The Fair Work Commission ordered that the Cleanaway (Tullamarine Depot) Drivers Enterprise Agreement 2017 be approved and registered under the Fair Work Act. This decision affirmed the validity of the agreement and ensured that it would govern the employment terms and conditions for the drivers at the Tullamarine Depot.

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