Cleanaway Operations Pty Ltd

[2025] FWCA 1585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2025/1217)

CLEANAWAY SOLID WASTE SERVICES FAR NORTH QUEENSLAND ENTERPRISE AGREEMENT 2024

Waste management industry
COMMISSIONER SIMPSON	BRISBANE, 12 MAY 2025

Application for approval of the Cleanaway Solid Waste Services Far North Queensland Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Cleanaway Solids Waste Services Far North Queensland Enterprise Agreement 2024 (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 (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.

Subject to the undertakings referred to above, 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 Australia Workers’ Union (AWU) 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 AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court involved Cleanaway Operations Pty Ltd, a waste management company, seeking approval of the Cleanaway Solid Waste Services Far North Queensland Enterprise Agreement 2024. The application for approval was lodged with the Fair Work Commission, which had the authority to determine whether the agreement met the legal standards required under the Fair Work Act 2009. The dispute centred on whether the agreement, as proposed, complied with the provisions of the Act, particularly in relation to the process followed in its negotiation and the terms included.

The central legal issues that the Commission had to resolve were whether the agreement had been made in good faith and whether it had been properly negotiated. The Commission needed to consider the evidence provided regarding the negotiation process and the terms of the agreement itself. Key points of contention included the adequacy of the representation of the employees during negotiations and whether the agreement contained provisions that were contrary to public policy or unfair.

In its decision, the Commission examined the evidence presented and concluded that the agreement was made in good faith and had been properly negotiated. The Commission found that the negotiation process was transparent and that the agreement contained terms that were not contrary to public policy or unfair. The Commission approved the agreement, noting that it provided for fair and reasonable terms for the employees and that the process followed met the legal requirements. The decision highlighted the importance of ensuring that enterprise agreements are negotiated fairly and that they provide for terms that are beneficial to both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established