Application by Cleanaway Operations Pty Ltd Trading AS Cleanaway Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, trading as Cleanaway, filed an application for the approval of the Cleanaway Liquid Technical Services Karratha Enterprise Agreement 2025. The application was heard in the Fair Work Commission, which is tasked with the approval of enterprise agreements. The central issue was whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the criteria for being a bona fide enterprise agreement. The application was contested by the Transport Workers Union of Australia, which argued that the agreement failed to adequately protect employee conditions and entitlements.

The court needed to determine whether the agreement provided for fair and reasonable terms and conditions, including pay, hours of work, leave, and other employment-related matters. It was also required to assess if the agreement was genuinely negotiated between the employer and the union, and if the union had provided genuine assistance to the employees in the negotiation process. Additionally, the court had to consider whether the agreement included adequate provisions for the protection of employees' rights and entitlements.

The Fair Work Commission found that the Cleanaway Liquid Technical Services Karratha Enterprise Agreement 2025 did indeed meet the legislative requirements and was a bona fide agreement. The court was satisfied that the agreement provided for fair and reasonable terms and conditions, and that the negotiation process was genuine. The Commission concluded that the union had provided genuine assistance to the employees, and that the agreement contained adequate provisions for the protection of employees' rights and entitlements. Consequently, the court approved the agreement and granted the application.

Application by Cleanaway Operations Pty Ltd Trading AS Cleanaway

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established