Cleanaway Operations Pty Ltd

[2025] FWCA 1058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2025/621)

CLEANAWAY LIQUID & TECHNICAL SERVICES MACKAY REGION ENTERPRISE AGREEMENT 2024

Waste management industry
COMMISSIONER SIMPSON	BRISBANE, 26 MARCH 2025

Application for approval of the Cleanaway Liquid & Technical Services Mackay Region Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Cleanaway Liquid & Technical Services Mackay Region 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.

Noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia (TWU) 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 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 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Cleanaway Operations Pty Ltd for the approval of the Cleanaway Liquid & Technical Services Mackay Region Enterprise Agreement 2024. The application was heard by the Fair Work Commission, which was tasked with determining whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The dispute arose as part of the process of seeking the Commission's approval for the enterprise agreement, which sought to govern the terms and conditions of employment for certain employees within the Mackay region.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing the agreement against several criteria, including whether it provided for the "better off overall test," whether it contained minimum terms and conditions, and whether it complied with the procedural requirements for enterprise agreements. Additionally, the Commission needed to consider whether the agreement was made in good faith and whether it adhered to the relevant provisions concerning employee representation and consultation.

In rendering its decision, the Commission examined the terms of the proposed agreement and the submissions made by the parties. The Commission found that the agreement satisfied the "better off overall test," meaning that it provided employees with at least the same terms and conditions as those provided by the applicable award or existing enterprise agreement. The Commission also determined that the agreement included all the required minimum terms and conditions as stipulated by the Fair Work Act and that it was made in good faith. Furthermore, the procedural requirements for the negotiation and making of the agreement were met, and there was sufficient evidence of employee consultation and representation. Consequently, the Commission approved the Cleanaway Liquid & Technical Services Mackay Region Enterprise Agreement 2024.

The Commission's final order was the approval of the enterprise agreement, which would now govern the employment terms and conditions for the employees covered by the agreement in the Mackay region. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with the terms of the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established