Cleanaway Operations Pty Ltd

[2019] FWCA 3473

[2019] FWCA 3473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2019/1283)

CLEANAWAY SOLID WASTE SERVICES - CITY OF SYDNEY (MUNICIPAL) - ENTERPRISE AGREEMENT 2019

Waste management industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 MAY 2019

Application for approval of the Cleanaway Solid Waste Services - City of Sydney (Municipal) - Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Cleanaway Solid Waste Services - City of Sydney (Municipal) - Enterprise Agreement 2019 (the Agreement). The application was made by Cleanaway Operations Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Transport Workers’ Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] 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.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Transport Workers’ Union of Australia and that the Agreement covers this organisation.

[5] The Agreement was approved on 20 May 2019 and, in accordance with s.54, will operate from 27 May 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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