Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd

[2017] FWCA 4422

[2017] FWCA 4422

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd
(AG2017/2523)

CLEANAWAY ORGANICS NEW SOUTH WALES DRIVERS ENTERPRISE AGREEMENT 2017

Waste management industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 AUGUST 2017

Application for approval of the Cleanaway Organics New South Wales Drivers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Organics New South Wales 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 Operations Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 Agreement lodged contained an error at clause 28.2. Pursuant to s.586 of the Act, the reference within clause 28.2 to ‘clause 24’ is corrected to ‘clause 26’.

[6] The Agreement was approved on 25 August 2017 and, in accordance with s.54, will operate from 1 September 2017. The nominal expiry date of the Agreement is 25 August 2021.

COMMISSIONER

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ANNEXURE A