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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, trading as Cleanaway Operations Pty Ltd, applied to the Australian Industrial Relations Commission for the approval of the Cleanaway Organics New South Wales Drivers Enterprise Agreement 2017. The dispute was between Cleanaway Operations and the United Voice union, with the union objecting to certain terms of the proposed agreement. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed enterprise agreement complied with the procedural and substantive requirements under the Fair Work Act, particularly focusing on whether it provided fair and reasonable terms and conditions for the employees, and if it had been genuinely negotiated as required by the legislation. The Commission needed to consider the evidence provided by both parties, including the process of negotiation, the content of the agreement, and the impact on the employees.

The Commission found that the proposed agreement was genuinely negotiated and met the procedural requirements set out in the Act. It noted that the agreement provided fair and reasonable terms and conditions for the drivers, including provisions for pay rates, conditions of work, and other employment matters. The Commission also found that the agreement did not unfairly disadvantage any employee or group of employees. Consequently, the Commission approved the Cleanaway Organics New South Wales Drivers Enterprise Agreement 2017, determining that it met all necessary criteria under the Fair Work Act.

The Commission's decision was made on the basis that the agreement was fair and reasonable and had been genuinely negotiated. The final order was that the Cleanaway Organics New South Wales Drivers Enterprise Agreement 2017 be approved, effective from the date of the decision.

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