Cleanaway Operations Pty Ltd

Case

[2024] FWCA 2315

21 JUNE 2024


[2024] FWCA 2315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2024/1832)

CLEANAWAY SYDNEY METROPOLITAN & CENTRAL COAST MECHANICS ENTERPRISE AGREEMENT 2023

Waste management industry

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 21 JUNE 2024

Application for approval of the Cleanaway Sydney Metropolitan & Central Coast Mechanics Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Cleanaway Sydney Metropolitan & Central Coast Mechanics Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

  1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

  1. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

  1. Subject to the Undertakings, 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.

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 June 2024. The nominal expiry date of the Agreement is 20 June 2028.

  1. The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Transport Workers’ Union of Australia.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE525143  PR776268>

Annexure A

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