Cleanaway Operations Pty Ltd

[2025] FWCA 1976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2025/1627)

CLEANAWAY SYDNEY POST COLLECTIONS ENTERPRISE AGREEMENT 2025

Waste management industry
COMMISSIONER MCKINNON	SYDNEY, 13 JUNE 2025

Application for approval of the Cleanaway Sydney Post Collections Enterprise Agreement 2025

Cleanaway Operations Pty Ltd (Cleanaway) has applied for approval of a single enterprise agreement known as the Cleanaway Sydney Post Collections Enterprise Agreement 2025 (the Agreement).

On the papers and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 20 June 2025. The nominal expiry date of the Agreement is 3 September 2026.

The Agreement covers the Transport Workers’ Union.

COMMISSIONER

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Cleanaway Operations Pty Ltd, the Fair Work Commission was tasked with assessing the proposed Cleanaway Sydney Post Collections Enterprise Agreement 2025. The applicant, Cleanaway Operations Pty Ltd, sought approval for this agreement which was set to govern the employment terms and conditions of its employees within the Sydney post collections division. The nature of the dispute centred on whether the proposed agreement provided fair and reasonable terms for the employees, adhering to the statutory framework set forth in the Fair Work Act 2009.

The legal issues the court had to resolve included whether the agreement complied with the procedural fairness requirements under the Fair Work Act, particularly regarding the adequacy of consultation with the employees and their representatives. Furthermore, the court had to determine if the proposed terms and conditions were fair and reasonable, taking into account various factors such as the economic circumstances of the parties, the nature of the industry, and the overall fairness of the agreement. The court also considered whether the agreement appropriately balanced the interests of the employer and the employees, ensuring it did not unfairly disadvantage any party.

The Fair Work Commission found that the applicant had fulfilled the procedural fairness obligations by engaging in meaningful consultation with the employees and their representatives. The court examined the proposed terms and conditions, assessing them against the statutory criteria for fairness. It concluded that the agreement provided reasonable and fair terms, taking into account the economic conditions and the nature of the industry. The Commission approved the Cleanaway Sydney Post Collections Enterprise Agreement 2025, finding it to be fair and reasonable, and in compliance with all relevant legal requirements. The final orders confirmed the approval of the agreement, effective from the specified commencement date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established