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

[2024] FWCA 571

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd

(AG2023/5419)

CLEANAWAY INDUSTRIAL & WASTE SERVICES KARRATHA ENTERPRISE

Agreement 2021

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 12 FEBRUARY 2024

Application for approval of the Cleanaway Industrial & Waste Services Karratha Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Cleanaway Industrial & Waste Services Karratha Enterprise Agreement 2021 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 19 February 2024. The nominal expiry date of the Agreement is 12 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, trading as Cleanaway Operations Pty Ltd, applied for approval of the Cleanaway Industrial & Waste Services Karratha Enterprise Agreement 2021. The application was brought before the Fair Work Commission, which has jurisdiction under the Fair Work Act 2009 to assess and approve enterprise agreements. The dispute centred on whether the proposed agreement met the legal requirements for an enterprise agreement, including the protection of employees' rights and interests.

The primary legal issue was whether the agreement provided adequate protections for employee rights and interests, including minimum entitlements, redundancy, and the resolution of disputes. The Fair Work Commission needed to consider whether the agreement was made in good faith, whether it provided for the appropriate minimum terms and conditions, and whether it met the requirements of being a genuine enterprise agreement. Additionally, the Commission had to examine whether the agreement provided a fair and efficient process for resolving disputes.

In its decision, the Fair Work Commission determined that the Cleanaway Industrial & Waste Services Karratha Enterprise Agreement 2021 was compliant with the requirements of the Fair Work Act 2009. The Commission found that the agreement provided for appropriate minimum terms and conditions and contained provisions for the fair and efficient resolution of disputes. The Commission was satisfied that the agreement had been made in good faith and protected the rights and interests of the employees. Therefore, the Fair Work Commission approved the agreement.

The Fair Work Commission made an order approving the Cleanaway Industrial & Waste Services Karratha Enterprise Agreement 2021, effective from the date of the decision. The agreement now serves as the basis for the terms and conditions of employment for the relevant employees, subject to the provisions of the Fair Work Act 2009 and any relevant industrial instruments.

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