DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd
(AG2016/4690)

CLEANAWAY CARDINIA AND GREATER MELBOURNE MUNICIPAL ENTERPRISE AGREEMENT 2016

Waste management industry
COMMISSIONER GREGORY	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the Cleanaway Cardinia and Greater Melbourne Municipal Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Cardinia and Greater Melbourne Municipal Enterprise Agreement 2016 (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.

[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 September 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, trading as Cleanaway Operations, applied for approval of the Cleanaway Cardinia and Greater Melbourne Municipal Enterprise Agreement 2016. The Fair Work Commission, the body responsible for regulating workplace relations in Australia, was the forum for this application. The agreement in question was intended to regulate the employment terms and conditions of workers employed by Cleanaway in the Cardinia and Greater Melbourne areas.

The central legal issues that the Commission had to address involved whether the agreement met the requirements of the Fair Work Act 2009, specifically concerning the provisions for minimum wages, penalty rates, and other terms and conditions that were fair and reasonable. The Commission also had to consider whether the agreement was made in good faith and whether it facilitated a productive workplace relationship.

In its reasoning, the Commission found that the agreement complied with the statutory requirements set out in the Fair Work Act. The agreement provided for minimum wages and penalty rates that were consistent with the legal standards. Furthermore, the Commission was satisfied that the agreement facilitated a productive workplace relationship, as it included provisions for consultation and dispute resolution mechanisms. Therefore, the Commission approved the agreement, finding that it met the necessary criteria for fairness and reasonableness under the Act.

No further orders were made by the Commission beyond the approval of the agreement. The decision reinforces the importance of ensuring that enterprise agreements are comprehensive, fairly negotiated, and meet the legal standards set out in the Fair Work Act.

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