DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway T/A Cleanaway
(AG2018/5576)

CLEANAWAY WETHERILL PARK CHEMICAL OPERATORS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MARCH 2019

Application for approval of the Cleanaway Wetherill Park Chemical Operators Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Wetherill Park Chemical Operators Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cleanaway T/A Cleanaway. The Agreement is a single enterprise agreement.

[2] The Employer 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] The Australian Workers’ Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Cleanaway Wetherill Park Chemical Operators Enterprise Agreement 2018 was the subject of an application to the Fair Work Commission for its approval. The application was made by Cleanaway Waste Management Pty Ltd, trading as Cleanaway, the employer, in accordance with section 233 of the Fair Work Act 2009. The Australian Manufacturing Workers’ Union, representing the employees, did not object to the application. The agreement was intended to regulate the employment conditions of chemical operators at Cleanaway's Wetherill Park facility.

The primary legal issue before the commission was whether the proposed enterprise agreement met the criteria for approval under section 230 of the Fair Work Act. This required an assessment of whether the agreement provided for minimum rates of pay and conditions, as well as whether it complied with the good faith bargaining requirement. Additionally, the commission had to consider whether the agreement contained terms that were contrary to public policy or were otherwise unlawful.

The commission found that the agreement did indeed meet all the necessary criteria for approval. The proposed agreement provided for minimum rates of pay and conditions that were not less favourable than the relevant awards or the National Employment Standards. The commission was satisfied that the agreement had been made in good faith, as there was no evidence of any procedural unfairness or coercion. Furthermore, the terms of the agreement did not contravene any public policy or legal principles. Based on these findings, the commission approved the Cleanaway Wetherill Park Chemical Operators Enterprise Agreement 2018.

The final orders of the commission were that the agreement be approved as a registered agreement under section 176 of the Fair Work Act, effective from the date of the application. The agreement was to be registered by the Registrar of the Fair Work Commission and would then be binding on the parties involved. This decision provided legal certainty to both Cleanaway and its employees, ensuring that the terms of their employment would be governed by the approved agreement.

Cleanaway T/A Cleanaway

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established