Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd

[2022] FWCA 2184

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd

(AG2022/1648)

Cleanaway (C & I) Eurobodalla and Shoalhaven Enterprise Agreement 2022

Waste management industry
DEPUTY PRESIDENT EASTON	SYDNEY, 30 JUNE 2022

Application for approval of the Cleanaway (C & I) Eurobodalla and Shoalhaven Enterprise Agreement 2022.

Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd (the Employer) has made an application for the approval of the Cleanaway (C & I) Eurobodalla and Shoalhaven Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd applied to the Fair Work Commission for approval of the Cleanaway (C & I) Eurobodalla and Shoalhaven Enterprise Agreement 2022. The applicant sought approval for an agreement that would cover employees who were part of the Cleanaway business in the Eurobodalla and Shoalhaven regions. The application arose from negotiations between the employer and employees regarding terms and conditions of employment. The Commission was tasked with determining whether the proposed agreement was in the best interests of the employees and complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission involved ensuring that the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it had been negotiated in good faith. The Commission also had to consider if the agreement met the requirements for the protection of vulnerable workers, including those who may have limited bargaining power. The Commission further examined whether the agreement complied with the provisions of the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009.

After careful consideration, the Commission found that the agreement met the statutory criteria for approval. The Commission determined that the agreement was fair and reasonable, provided for appropriate protections for vulnerable workers, and had been negotiated in good faith. The Commission was satisfied that the agreement complied with all relevant legislative requirements. Consequently, the application for approval was granted, and the Cleanaway (C & I) Eurobodalla and Shoalhaven Enterprise Agreement 2022 was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established