Cleanaway Operations Pty Ltd

[2024] FWCA 4247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2024/4439)

CLEANAWAY LIQUID & TECHNICAL SERVICES CAIRNS ENTERPRISE AGREEMENT 2024

Waste management industry
DEPUTY PRESIDENT DEAN	CANBERRA, 2 DECEMBER 2024

Application for approval of the Cleanaway Liquid & Technical Services Cairns Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Cleanaway Liquid & Technical Services Cairns 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 Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 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 9 December 2024. The nominal expiry date of the Agreement is 15 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd sought approval for the Cleanaway Liquid & Technical Services Cairns Enterprise Agreement 2024 in the Fair Work Commission. The application concerned whether the proposed agreement was in the interests of employees and the employer, and whether it complied with relevant legislation and standards. The Fair Work Commission was tasked with determining if the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement appropriately balanced the rights and obligations of the employer and the employees. This involved assessing the agreement's compliance with the "better off overall test," which required the Commission to be satisfied that the agreement would not disadvantage employees compared to their existing conditions. The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including aspects such as wages, working hours, and leave entitlements.

After reviewing the application and the evidence presented by the parties, the Fair Work Commission determined that the Cleanaway Liquid & Technical Services Cairns Enterprise Agreement 2024 met the necessary criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and that employees would be better off overall under the new agreement. The Commission approved the agreement, noting that it adequately balanced the interests of both the employer and the employees. The decision confirmed that the agreement would be registered and enforceable from the specified commencement date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established