Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd

[2023] FWCA 2932

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd

(AG2023/3095)

CLEANAWAY SOLID WASTE SERVICES SOUTH AUSTRALIA WORKSHOP ENTERPRISE AGREEMENT 2022

Waste management industry
COMMISSIONER PLATT	ADELAIDE, 12 SEPTEMBER 2023

Application for approval of the Cleanaway Solid Waste Services South Australia Workshop Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services South Australia Workshop Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 12 September 2023.

As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

The Australian Manufacturing Workers’ Union (SA), 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 18 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, trading as Cleanaway Operations Pty Ltd, sought approval of the Cleanaway Solid Waste Services South Australia Workshop Enterprise Agreement 2022 from the Fair Work Commission. The agreement sought to govern the terms and conditions of employment for certain employees of Cleanaway. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, including the need for it to provide for minimum terms and conditions and to be free from provisions that may be contrary to public policy. The matter was heard by the Fair Work Commission, which needed to assess the agreement's compliance with the legislative framework.

The primary legal issue before the Commission was whether the agreement adequately addressed minimum terms and conditions, and whether any provisions were contrary to public policy. The Commission examined the agreement's content to ensure it met the statutory requirements for minimum entitlements, such as rates of pay, leave provisions, and other employment standards. Additionally, the Commission considered whether any provisions of the agreement contravened public policy, including provisions related to termination, discipline, and other employment-related matters.

The Fair Work Commission found that the Cleanaway Solid Waste Services South Australia Workshop Enterprise Agreement 2022 was compliant with the Fair Work Act 2009. The Commission determined that the agreement provided for all required minimum terms and conditions and did not contain any provisions that contravened public policy. The Commission was satisfied that the agreement met the necessary legal standards and approved it accordingly. The approval ensures that the agreement will serve as the basis for employment conditions for the relevant employees within Cleanaway Operations Pty Ltd.

The Fair Work Commission approved the Cleanaway Solid Waste Services South Australia Workshop Enterprise Agreement 2022, effective from the date of the decision. The Commission's approval confirms that the agreement provides for the required minimum terms and conditions and is free from any provisions that contravene public policy. This decision provides certainty for both Cleanaway Operations Pty Ltd and the affected employees, ensuring that the agreement will govern their employment terms and conditions moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established