DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corio Waste Management Pty Ltd
(AG2015/1462)

CORIO WASTE MANAGEMENT COLLECTIVE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 8 JULY 2015

Application for approval of the Corio Waste Management Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Corio Waste Management Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Corio Waste Management Pty Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] On 7 July 2015 undertakings were provided by Mr P Wilkes, Chief Operating Officer of the Company, in relation to weekend penalties, clause 4.5.3 (Probationary Period) and clause 8 (Grievance and Dispute Resolution) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia 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, will operate from 15 July 2015. The nominal expiry date is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Corio Waste Management Pty Ltd was the subject of an application to the Fair Work Commission for approval of the Corio Waste Management Collective Agreement 2014. The applicant, Corio Waste Management, sought to have the agreement, which contained provisions relating to wages and conditions of employment, recognised as a certified agreement. The respondent, the Australian Council of Trade Unions, did not oppose the application but did raise concerns about certain provisions of the agreement, particularly those related to the payment of allowances and shift penalties.

The central legal issue before the Commission was whether the provisions of the agreement were consistent with the requirements of the Fair Work Act 2009, including whether they complied with the provisions regarding the payment of allowances and shift penalties. The Commission had to consider whether the agreement met the criteria for approval, such as whether it provided for the fair and equitable treatment of employees, and whether it was consistent with the principles of the Act.

The Commission found that the provisions of the agreement, while not perfect, were generally consistent with the requirements of the Act. The Commission noted that the agreement provided for the fair and equitable treatment of employees and that it was consistent with the principles of the Act. The Commission also found that while there were some issues with the provisions relating to the payment of allowances and shift penalties, these issues did not prevent the agreement from being approved. The Commission concluded that the agreement met the criteria for approval and granted the application.

The Commission made orders approving the Corio Waste Management Collective Agreement 2014 as a certified agreement, with certain modifications to the provisions relating to the payment of allowances and shift penalties. The Commission also made orders for the agreement to be registered and published in accordance with the Act.

Corio Waste Management Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established