Cleanaway Operations Pty Ltd Summary

[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

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).

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd applied to the Fair Work Commission for the approval of the Cleanaway Liquid Technical Services Laverton Enterprise Agreement 2024. The applicant sought approval for the agreement, which aimed to regulate the employment terms and conditions of its employees within the Laverton facility. The application was filed following negotiations between the employer and the relevant union, which resulted in the proposed agreement.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for minimum rates of pay and conditions, did not undermine the safety net of minimum wages and conditions, and was not contrary to public policy. Additionally, the Commission assessed whether the agreement was made in good faith and without coercion.

The Commission found that the proposed agreement satisfied the statutory criteria. The agreement established minimum rates of pay and conditions that were consistent with the safety net provided by the Fair Work Act. The Commission also determined that the agreement was made in good faith and without any element of coercion. Therefore, the Commission approved the Cleanaway Liquid Technical Services Laverton Enterprise Agreement 2024. The approval ensures that the agreement will govern the employment terms and conditions for the relevant employees at the Laverton facility.

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