Application by Cleanaway Operations Pty Ltd Trading AS Cleanaway
[2025] FWCA 1965
•13 JUNE 2025
| [2025] FWCA 1965 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s 185—Enterprise agreement
Application by Cleanaway Operations Pty Ltd Trading AS Cleanaway
(AG2025/1736)
CLEANAWAY LIQUID TECHNICAL SERVICES KARRATHA ENTERPRISE AGREEMENT 2025
| Waste management industry | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 13 JUNE 2025 |
Application for approval of the Cleanaway Liquid Technical Services Karratha Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the Cleanaway Liquid Technical Services Karratha Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by Cleanaway Operations Pty Ltd Trading As Cleanaway (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s 173(2) was 10 April 2025 and the Agreement was made on 4 June 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s 193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.
I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 20 June 2025. The nominal expiry date of the Agreement is 13 June 2029.
DEPUTY PRESIDENT
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