DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Waste Management Pty Ltd
(AG2017/5470)

TOTAL WASTE MANAGEMENT WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 19 DECEMBER 2017

Application for approval of the Total Waste Management Western Australia Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Total Waste Management Western Australia Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Total Waste Management Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 19 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total Waste Management Pty Ltd sought approval of the Total Waste Management Western Australia Enterprise Agreement 2017, which was being brought before the Fair Work Commission. The application was made under the Fair Work Act 2009, and the matter involved the terms of employment for a number of employees within the company. The dispute centred around whether the proposed agreement met the criteria for approval under the Act, specifically the requirement that it provides for the terms and conditions of employment in a fair and flexible manner.

The court had to determine whether the enterprise agreement adhered to the provisions of the Fair Work Act, particularly regarding the coverage of employees, the scope of the agreement, and whether it provided for a fair and flexible approach to employment terms. Additionally, the court examined whether the agreement appropriately balanced the interests of the employees and the employer, ensuring it complied with the mandatory provisions set out in the Act. The court also considered whether the agreement had been made in good faith and whether the process for its negotiation and conclusion was appropriate and fair.

Upon review, the Fair Work Commission found that the Total Waste Management Western Australia Enterprise Agreement 2017 met the necessary requirements under the Fair Work Act. The court was satisfied that the agreement covered the appropriate scope of employees, provided for fair and flexible terms of employment, and balanced the interests of both parties. The process of negotiation and conclusion was deemed to be appropriate and in good faith. Consequently, the Commission approved the application, authorising the enterprise agreement to be in effect.

The final orders of the Fair Work Commission included the approval of the Total Waste Management Western Australia Enterprise Agreement 2017, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment terms for the specified employees until such time as it was terminated or varied under the provisions of the Fair Work Act.

Total 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