Cleanaway Operations Pty Ltd
[2024] FWCA 1678
•7 MAY 2024
| [2024] FWCA 1678 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Cleanaway Operations Pty Ltd
(AG2024/1267)
CLEANAWAY SOLID WASTE SERVICES GIPPSLAND ENTERPRISE AGREEMENT 2023
| Waste management industry | |
| COMMISSIONER CONNOLLY | MELBOURNE, 7 MAY 2024 |
Application for approval of the Cleanaway Solid Waste Services Gippsland Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Gippsland Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cleanaway Operations Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 22 April 2024.
The notification time for the Agreement under s.173(2) was 18 July 2023 and the Agreement was made on 5 April 2024. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]
On 30 April 2024, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.
As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.
As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.
The “Transport Workers’ Union of Australia”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act 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 7 days after the date of approval of the Agreement. The nominal expiry date is 30 March 2026.
COMMISSIONER
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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