Cleanaway Operations Pty Ltd Summary

[2025] FWCA 1307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2025/888)

CLEANAWAY SOLIDS WASTE SERVICES SOUTH-EAST QUEENSLAND COLLECTIONS (DRIVERS) ENTERPRISE AGREEMENT 2024

Waste management industry
COMMISSIONER SIMPSON	BRISBANE, 24 APRIL 2025

Application for approval of the Cleanaway Solids Waste Services South-East Queensland Collections (Drivers) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Cleanaway Solids Waste Services South-East Queensland Collections (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 ss.186, 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 Transport Workers Union (TWU) and the Australian Workers’ Union (AWU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU and 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

Cleanaway Operations Pty Ltd recently faced a legal matter concerning the approval of their proposed enterprise agreement, the Cleanaway Solids Waste Services South-East Queensland Collections (Drivers) Enterprise Agreement 2024. The matter was heard by the Fair Work Commission, which was tasked with determining whether the proposed agreement should be approved. This decision was necessary as the agreement aimed to regulate the employment terms of drivers in the South-East Queensland region, including aspects such as wages, working conditions, and dispute resolution mechanisms.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically whether it met the criteria for "registration" under the Act. This involved examining whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith. The Commission also considered the extent to which the agreement provided for the protection of employee rights and interests.

The Commission carefully reviewed the terms of the proposed agreement, assessing various factors such as the bargaining power of the parties, the process through which the agreement was made, and the substantive terms themselves. The Commission found that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions of employment. The Commission concluded that the agreement met all the necessary statutory requirements and was thus suitable for approval.

The Fair Work Commission approved the Cleanaway Solids Waste Services South-East Queensland Collections (Drivers) Enterprise Agreement 2024. This approval signifies that the agreement will now govern the employment conditions for drivers in the specified region, effective from the date of registration. This decision ensures that the agreement is legally binding and enforceable, providing a framework for the resolution of employment-related issues in accordance with the Fair Work Act.

Cleanaway Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established