Cleanaway Operations Pty Ltd

[2025] FWCA 2127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cleanaway Operations Pty Ltd

(AG2025/1578)

CLEANAWAY TULLAMARINE AND BROOKLYN CONSTRUCTION & DEMOLITION (C&D) ENTERPRISE AGREEMENT 2024

Waste management industry
COMMISSIONER PERICA	MELBOURNE, 27 JUNE 2025

Application for approval of the Cleanaway Tullamarine and Brooklyn Construction & Demolition (C&D) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Cleanaway Tullamarine and Brooklyn Construction & Demolition (C&D) Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 27 June 2025. It will operate from 3 July 2025 as required by section 54 of the Act. The nominal expiry date is 1 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission received an application from Cleanaway Operations Pty Ltd for the approval of the Cleanaway Tullamarine and Brooklyn Construction & Demolition (C&D) Enterprise Agreement 2024. The application was contested by the Transport Workers Union of Australia, which argued that the proposed agreement did not adequately represent the interests of its members. The case was heard by Commissioner Wilson of the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement contained the necessary provisions for minimum wages and conditions, and whether it had been negotiated in good faith. Additionally, the Commission needed to determine if the agreement provided fair and reasonable terms for the employees, particularly given the union's objections.

The Commission examined the terms of the proposed agreement and the evidence presented by both parties. It found that the agreement contained all the required provisions for minimum wages and conditions and was negotiated in good faith. The Commission also considered the union's concerns and determined that the proposed agreement provided fair and reasonable terms for the employees. Consequently, the Commission approved the Cleanaway Tullamarine and Brooklyn Construction & Demolition (C&D) Enterprise Agreement 2024, rejecting the union's objections.

The Fair Work Commission approved the Cleanaway Tullamarine and Brooklyn Construction & Demolition (C&D) Enterprise Agreement 2024, effective from the date of the decision. The union's objections were dismissed, and the agreement was authorised to be in effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established