DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd
(AG2019/1566)

CLEANAWAY HEALTH SERVICES SILVERWATER NSW OPERATIONS ENTERPRISE AGREEMENT 2019

Waste management industry
COMMISSIONER JOHNS	MELBOURNE, 6 JUNE 2019

Application for approval of the Cleanaway Health Services Silverwater NSW Operations Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Health Services Silverwater NSW Operations Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2019. The nominal expiry date of the Agreement is 1 January 2022.

COMMISSIONER

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CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, trading as Cleanaway Operations, sought approval of the Cleanaway Health Services Silverwater NSW Operations Enterprise Agreement 2019. The application was made to the Fair Work Commission. The nature of the dispute centred around whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009. This involved examining the agreement's compliance with procedural fairness, its coverage of minimum entitlements, and whether it provided for the proper resolution of workplace disputes.

The legal issues before the court were whether the agreement was appropriately certified by a certified bargainer, whether it included all mandated minimum terms and conditions, and if it adhered to the relevant provisions of the Fair Work Act. Additionally, the court had to determine whether the agreement was genuinely bargained and whether it was in the best interests of the employees.

The court found that the agreement was appropriately certified and met all minimum entitlement requirements. It held that the agreement was genuinely bargained and in the best interests of the employees. The court noted that the agreement contained provisions that ensured procedural fairness and proper dispute resolution mechanisms. It concluded that the agreement was compliant with all legislative requirements and approved the application for the agreement. The court's approval means that the Cleanaway Health Services Silverwater NSW Operations Enterprise Agreement 2019 is now legally binding on the parties involved.

Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established