Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd

[2022] FWCA 2074

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd

(AG2022/1612)

CLEANAWAY LIQUID TECHNICAL SERVICES ROCKHAMPTON DRIVERS ENTERPRISE AGREEMENT 2022

Waste management industry
COMMISSIONER P RYAN	SYDNEY, 23 JUNE 2022

Application for approval of the Cleanaway Liquid Technical ServicesRockhampton Drivers Enterprise Agreement 2022

Cleanaway Operations Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Cleanaway Liquid Technical Services Rockhampton Drivers Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement

Sections 186, 187, 188 and 190

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.

Model Consultation Term

The Agreement does not contain a consultation term, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2022. The nominal expiry date of the Agreement is 23 June 2026.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Cleanaway Operations Pty Ltd, trading as Cleanaway Operations Pty Ltd, which applied to the Fair Work Commission for approval of the Cleanaway Liquid Technical Services Rockhampton Drivers Enterprise Agreement 2022. The dispute centred on the terms and conditions of employment for drivers employed by Cleanaway, specifically within the Rockhampton region. The Fair Work Commission, as the body responsible for approving enterprise agreements, was tasked with determining whether the proposed agreement complied with the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing the agreement against various criteria, including whether it was free from prohibited content, whether it provided for a direct or indirect method of calculating wages and penalties, and whether it provided for a method of resolving disputes. The Commission also considered whether the agreement provided for terms and conditions that were no less favourable than the applicable minimum standards under the National Employment Standards.

In reaching its decision, the Commission examined the proposed agreement in detail. It concluded that the agreement was free from prohibited content, contained a method of calculating wages and penalties, and provided for a dispute resolution process. The Commission found that the terms and conditions of the agreement were no less favourable than the applicable minimum standards. Consequently, the Commission approved the Cleanaway Liquid Technical Services Rockhampton Drivers Enterprise Agreement 2022.

The Fair Work Commission approved the agreement, thereby allowing it to come into effect. This decision was based on the Commission's finding that the agreement met all statutory requirements for approval under the Fair Work Act. The agreement is now binding on the drivers covered by it, setting out their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established