Cleanaway Operations Pty Ltd
[2024] FWCA 3181
•4 SEPTEMBER 2024
| [2024] FWCA 3181 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cleanaway Operations Pty Ltd
(AG2024/2124)
CLEANAWAY RUTHERFORD REFINERY OPERATORS ENTERPRISE AGREEMENT 2024
| Waste management industry | |
| COMMISSIONER MCKINNON | SYDNEY, 4 SEPTEMBER 2024 |
Application for approval of the Cleanaway Rutherford Refinery Operators Enterprise Agreement 2024
Cleanaway Operations Pty Ltd has applied for approval of a single enterprise agreement known as the Cleanaway Rutherford Refinery Operators Enterprise Agreement 2024 (the Agreement).
The Notice of Employee Representational Rights was not in the prescribed form. I am satisfied that the error was a minor procedural error that is not likely to have disadvantaged any employee and that despite the oversight, the Agreement has been genuinely agreed.
The Australian Workers’ Union was a bargaining representative for the Agreement and has raised concerns about whether the Agreement passes the better off overall test. I am satisfied that employees will be better off overall under the Agreement than if the relevant modern award applied when regard is had to the terms and conditions of the Agreement as a whole. This includes written undertakings given in accordance with section 190 of the Fair Work Act 2009 (Act), attached at Annexure A and taken to be terms of the Agreement. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement.
With the undertakings, and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
The Agreement is approved and will operate from 11 September 2024. The nominal expiry date of the Agreement is 14 January 2028.
The Agreement covers the Australian Workers’ Union.
COMMISSIONER
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
Printed by authority of the Commonwealth Government Printer
<AE525988 PR778942>
0
0
0