DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd T/A Cleanaway
(AG2015/7749)

CLEANAWAY KINGSTON MUNICIPAL ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER GREGORY	MELBOURNE, 3 FEBRUARY 2016

Application for approval of the Cleanaway Kingston Municipal Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Kingston Municipal 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 Transpacific Industries Pty Ltd T/A Cleanaway. 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 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 10 February 2016. The nominal expiry date of the Agreement is 2 February 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Transpacific Industries Pty Ltd, trading as Cleanaway, and the Fair Work Commission. The dispute centred around the application for approval of the Cleanaway Kingston Municipal Enterprise Agreement 2015. Cleanaway sought to have the agreement recognised as meeting the requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the necessary legal standards and whether it was in the best interests of the employees involved.

The primary legal issues that the Commission had to address were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith. The Commission also had to consider whether the agreement met the requirements for coverage and whether it was appropriately certified by an independent certifier. The fairness and good faith aspects were crucial, as the agreement needed to ensure that employees' rights were protected and that the bargaining process was conducted fairly.

The Commission carefully reviewed the terms of the agreement, assessing its provisions against the criteria set out in the Fair Work Act. It considered the nature of the bargaining process, the extent of employee representation, and the overall fairness of the terms. The Commission concluded that the agreement was fair and reasonable, and had been made in good faith. It also found that the agreement met the requirements for coverage and was appropriately certified. Consequently, the Commission approved the Cleanaway Kingston Municipal Enterprise Agreement 2015.

The Fair Work Commission approved the Cleanaway Kingston Municipal Enterprise Agreement 2015, finding it to be fair, reasonable, and made in good faith. The Commission also determined that the agreement complied with the necessary legal standards and was in the best interests of the employees.

Transpacific Industries Pty Ltd 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