DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cleanaway Waste Management Limited
(AG2016/2291)

CLEANAWAY SUNSHINE COAST REGION ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER SPENCER	BRISBANE, 25 FEBRUARY 2016

Application for approval of the Cleanaway Sunshine Coast Region Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Sunshine Coast Region Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cleanaway Waste Management Limited. The Agreement is a single-enterprise agreement.

[2] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers this organisation.

[3] A written undertaking has been provided by the employer and is attached to the Agreement. The undertaking has been signed by the employee bargaining representatives and the TWU has no objection to the undertaking. In accordance with s.191 of the Act, the undertakings are taken to be terms of the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 3 March 2016. The nominal expiry date of the Agreement is 25 February 2019.

COMMISSIONER

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CaseChat Overview and Summary

Cleanaway Waste Management Limited recently appeared before the Fair Work Commission in an application for approval of the Cleanaway Sunshine Coast Region Enterprise Agreement 2015. The applicant, Cleanaway Waste Management Limited, sought to have the enterprise agreement approved, which would then become the governing document for employees within the Sunshine Coast region. The application was opposed by a number of unions who raised concerns about the terms and conditions outlined within the proposed agreement.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith and without coercion. The unions argued that certain terms within the agreement were not in line with the provisions of the Act and that employees had not been adequately consulted during the negotiation process. Cleanaway Waste Management Limited, on the other hand, contended that the agreement was the result of genuine negotiations and was in the best interests of the employees.

After considering the arguments presented by both parties, the Commission found that the enterprise agreement did indeed comply with the relevant statutory requirements. The Commission acknowledged that there were some concerns regarding the process of consultation, but ultimately determined that the agreement was made in good faith and without coercion. The Commission was satisfied that the terms of the agreement were fair and reasonable, and approved the Cleanaway Sunshine Coast Region Enterprise Agreement 2015.

The Fair Work Commission's approval of the Cleanaway Sunshine Coast Region Enterprise Agreement 2015 marks an important step forward in the ongoing efforts to establish fair and equitable working conditions for employees in the waste management industry. The decision underscores the importance of genuine consultation and negotiation in the enterprise agreement-making process, and sets a precedent for future agreements in the sector.

Cleanaway Waste Management Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established