Cleanaway Operations Pty Ltd

Case

[2025] FWCA 768

17 MARCH 2025


[2025] FWCA 768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2025/365)

CLEANAWAY LIQUID TECHNICAL SERVICES LAVERTON ENTERPRISE AGREEMENT 2024

Waste management industry

COMMISSIONER ALLISON

MELBOURNE, 17 MARCH 2025

Application for approval of the Cleanaway Liquid Technical Services Laverton Enterprise Agreement 2024

  1. Cleanaway Operations Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Cleanaway Liquid Technical Services Laverton Enterprise Agreement 2024 (the Agreement).

  1. I raised concerns with the Employer that certain employees who were entitled to overtime payments under the Waste Management Award 2020, did not appear to be entitled to overtime payments in certain circumstances under the Agreement. This may have meant these employees were not better off under the Agreement.  The Employer provided written undertakings on 14 March 2025 to address these concerns. A copy of the undertakings is attached at Annexure A.

  1. 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

  1. The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

  1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2025. The nominal expiry date of the Agreement is 17 March 2028.


COMMISSIONER

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