Cleanaway Operations Pty Ltd

[2025] FWCA 1455

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Cleanaway Operations Pty Ltd

(AG2025/415)

CLEANAWAY LIQUID & TECHNICAL SERVICES SOUTH-EAST QUEENSLAND PLANT & DRIVERS ENTERPRISE AGREEMENT 2024

Waste management industry
COMMISSIONER DURHAM	BRISBANE, 1 MAY 2025

Application for approval of the Cleanaway Liquid & Technical Services South-East Queensland Plant & Drivers Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Cleanaway Liquid & Technical Services South-East Queensland Plant & Drivers 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 Australian Workers’ Union (AWU) and Transport Workers’ Union of Australia (TWU) lodged their respective Form F18 statutory declaration giving notice under s.183 of the Act that each wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU and TWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd recently approached the Fair Work Commission to seek approval for their proposed Cleanaway Liquid & Technical Services South-East Queensland Plant & Drivers Enterprise Agreement 2024. This application pertains to the employees working within the specified geographical area and job classifications, as outlined in the agreement. The Commission was tasked with determining whether the proposed agreement met the criteria set forth in the Fair Work Act 2009 for being registered as a lawful enterprise agreement.

The legal issues central to this application involved verifying whether the agreement was genuinely a product of free and voluntary negotiations between the employer and employees, and whether it complied with the statutory requirements for registration. Key considerations included the process by which the agreement was formed, the fairness of its terms, and whether it adhered to the provisions of the Fair Work Act. Additionally, the Commission had to assess whether the agreement provided for appropriate mechanisms for resolving disputes and ensuring compliance.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the proposed agreement was fair and compliant with the legislative requirements. The Commission was satisfied with the process of negotiation and the content of the agreement, noting that it contained provisions for dispute resolution and compliance measures. As a result, the Commission approved the Cleanaway Liquid & Technical Services South-East Queensland Plant & Drivers Enterprise Agreement 2024, and it was registered as a lawful enterprise agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established