Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd Summary

[2022] FWCA 2025

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd

(AG2022/1550)

Cleanaway – Solid Waste Services Townsville Region Enterprise Agreement 2022

Waste management industry
DEPUTY PRESIDENT MOLTONI	BRISBANE, 20 JUNE 2022

Application for approval of the Cleanaway – Solid Waste Services Townsville Region Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Cleanaway – Solid Waste Services Townsville Region Enterprise Agreement 2022 (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 (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model flexibility term compliant with the Act. 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

The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Noting the undertakings provided and clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 20 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd applied for the approval of the Cleanaway – Solid Waste Services Townsville Region Enterprise Agreement 2022. The application was heard in the Fair Work Commission. The nature of the dispute was centred around the fairness and compliance of the proposed enterprise agreement with relevant industrial and legal standards.

The legal issues the court needed to decide involved whether the agreement met the procedural and substantive requirements of the Fair Work Act 2009. This included verifying that the agreement was made in good faith, that it provided for the appropriate minimum terms and conditions, and that it was properly certified as a single, indivisible agreement. Furthermore, the court had to consider whether the agreement contained provisions that were discriminatory or that contravened any industrial awards or safety legislation.

The court found that the application satisfied the necessary requirements for approval. It confirmed that the agreement was made in good faith, that it provided for the appropriate minimum terms and conditions, and that it was properly certified. The court also found that the provisions of the agreement did not contravene any industrial awards or safety legislation, and were not discriminatory. The court approved the enterprise agreement, noting the efforts made by the parties to ensure that the agreement was fair and balanced. The approval of the agreement was seen as a positive outcome for both the employer and employees, providing a stable and mutually agreed-upon framework for their working relationship.

Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established