Cleanaway Operations Pty Ltd

[2025] FWCA 1058

[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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

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Annexure A