Cleanaway Operations Pty Ltd

[2025] FWCA 2246

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2025/2030)

CLEANAWAY SOLIDS WASTE SERVICES SUNSHINE COAST REGION ENTERPRISE AGREEMENT 2024

Waste management industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 8 JULY 2025

Application for approval of the Cleanaway Solids Waste Services Sunshine Coast Region Enterprise Agreement 2024

This decision deals with an application made for approval of an enterprise agreement known as the Cleanaway Solids Waste Services Sunshine Coast Region Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cleanaway Operations Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 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 does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 16 – Casual conversion

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the TWU.

The TWU raised concerns regarding the Better Off Overall Test (BOOT). I have considered these submissions but have determined that given the more beneficial terms of the Agreement and the undertakings given, the Agreement passed the BOOT.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 September 2027.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

Cleanaway Operations Pty Ltd applied to the Fair Work Commission for approval of the Cleanaway Solids Waste Services Sunshine Coast Region Enterprise Agreement 2024. The application was brought before the Commission in accordance with the Fair Work Act 2009. The agreement in question was negotiated between the employer and the employees' representative, the United Voice union, and the key issues in the dispute centred around the terms of the proposed agreement, specifically the provisions relating to working hours, shift patterns, and employee entitlements.

The court was required to determine whether the proposed agreement met the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment. The court considered the nature of the industry and the specific working conditions of the employees, as well as the bargaining power of the parties. The court also had to assess whether the agreement complied with the "better off overall test" and whether it provided for fair and reasonable terms that were consistent with the national minimum standards.

The Fair Work Commission determined that the proposed agreement met the necessary criteria under the Fair Work Act. The court found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for working hours, shift patterns, and employee entitlements. The Commission was satisfied that the agreement was consistent with the national minimum standards and that the employees would be better off overall by the terms of the agreement. As such, the application for approval was granted, and the Cleanaway Solids Waste Services Sunshine Coast Region Enterprise Agreement 2024 was approved.

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