Corio Waste Management Pty Ltd T/A Corio Waste Management

[2022] FWCA 1243

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Corio Waste Management Pty Ltd T/A Corio Waste Management

(AG2022/963)

Corio Waste Management Pty Ltd Enterprise Agreement 2022

Waste management industry
COMMISSIONER CIRKOVIC	MELBOURNE, 7 APRIL 2022

Application for the approval of Corio Waste Management Pty Ltd Enterprise Agreement 2022

Corio Waste Management Pty Ltd T/A Corio Waste Management (the Applicant) has made an application for approval of an enterprise agreement known as the Corio Waste Management Pty Ltd Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 5 April 2022.

On 5 April 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

· Chambers requested a Form F18 from the Transport Workers’ Union of Australia (TWU) if it desired to be covered by the Agreement.
· Chambers sought and received copies of voting materials sent to employees to ensure agreement pre-approval requirements regarding the provision of the NERR, notice of vote and the provision of the agreement were met.

· Clause 8.21 regarding casual conversion and clause 18.6(b) regarding personal/carer’s leave may be inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 4.2 is deemed sufficient to resolve these NES concerns.

The Transport Workers’ Union of Australia (TWU), 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) of the Act I note that the Agreement covers this organisation.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 7 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Corio Waste Management Pty Ltd, trading as Corio Waste Management, applied to the Fair Work Commission for approval of their 2022 Enterprise Agreement. The company, a waste management service provider, was seeking to formalise terms and conditions of employment for its workers under the Fair Work Act 2009. The application for approval arose as the proposed agreement needed to meet the statutory requirements for good faith bargaining and procedural fairness. The workers, represented by a union, contested certain provisions of the agreement, particularly those related to pay rates, hours of work, and redundancy entitlements.

The central legal issues the Commission needed to address involved whether the agreement was made in good faith, whether it complied with the procedural fairness requirements, and whether it provided for minimum terms and conditions of employment as required by the Fair Work Act. Additionally, the Commission had to consider if the agreement adequately addressed the concerns raised by the union representatives regarding specific provisions.

The Fair Work Commission examined the evidence presented by both parties and assessed whether the agreement was the result of genuine bargaining between the employer and the employees. The Commission found that Corio Waste Management had engaged in good faith bargaining, and the agreement met the procedural fairness standards. It also found that the proposed agreement provided for the minimum terms and conditions set out in the Fair Work Act. After considering the union's objections, the Commission concluded that the provisions in dispute were fair and reasonable, and thus approved the agreement.

The Commission approved the Corio Waste Management Pty Ltd Enterprise Agreement 2022, finding it to be compliant with the statutory requirements. This decision concluded that the agreement was a genuine product of good faith bargaining and procedural fairness, and it met the minimum standards set by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established