Cleanaway Operations Pty Ltd
[2024] FWCA 3942
•12 NOVEMBER 2024
| [2024] FWCA 3942 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cleanaway Operations Pty Ltd
(AG2024/4025)
CLEANAWAY NORTHERN NEW SOUTH WALES (NNSW) REGIONAL DRIVERS ENTERPRISE AGREEMENT 2022
| Waste management industry | |
| COMMISSIONER CRAWFORD | SYDNEY, 12 NOVEMBER 2024 |
Application for approval of the Cleanaway Northern New South Wales (NNSW) Regional Drivers Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Cleanaway Northern New South Wales (NNSW) Regional Drivers Enterprise Agreement 2022 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Cleanaway Operations Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
Noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the TWU.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
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