Cleanaway Operations Pty Ltd

[2025] FWCA 306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2025/15)

CLEANAWAY SOLID WASTE SERVICES PILBARA REGION ENTERPRISE AGREEMENT 2024

Waste management industry
COMMISSIONER SCHNEIDER	PERTH, 30 JANUARY 2025

Application for approval of the Cleanaway Solid Waste Services Pilbara Region Enterprise Agreement 2024

Cleanaway Operations Pty Ltd (the Applicant) has made an application under section 185 of the Fair Work Act 2009 (Cth) (the Act) for the approval of a single enterprise agreement known as the Cleanaway Solid Waste Services Pilbara Region Enterprise Agreement 2024 (the Agreement).

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Transport Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 February 2025. The nominal expiry date of the Agreement is 30 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Cleanaway Operations Pty Ltd sought approval for the Cleanaway Solid Waste Services Pilbara Region Enterprise Agreement 2024. The agreement was intended to govern the employment terms of workers in the Pilbara region, and Cleanaway sought to ensure it met the statutory requirements for approval under the Fair Work Act 2009. The application was contested by the Transport Workers Union of Australia, which raised concerns about several provisions in the proposed agreement.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The Transport Workers Union argued that certain provisions were unfair and did not meet the 'better off overall test', which requires that employees are not worse off under the terms of the enterprise agreement compared to their previous conditions. Additionally, the Union contended that some provisions contravened minimum entitlements under the National Employment Standards.

The Commission carefully reviewed the agreement and the arguments presented by both parties. It found that while some provisions raised legitimate concerns, others were acceptable and complied with the statutory requirements. The Commission ultimately concluded that the agreement, as a whole, met the 'better off overall test' and did not contravene any minimum entitlements. Consequently, the Commission approved the Cleanaway Solid Waste Services Pilbara Region Enterprise Agreement 2024. This decision provides clarity for the employees in the Pilbara region and confirms the legal framework governing their employment terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established