Cleanaway Operations Pty Ltd

[2024] FWCA 1007

[2024] FWCA 1007

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2023/5529)

CLEANAWAY DANIELS HEALTH QLD ENTERPRISE AGREEMENT 2023

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 21 MARCH 2024

Application for approval of the Cleanaway Daniels Health QLD Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Cleanaway Daniels Health QLD Enterprise Agreement 2023 (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 Employer). The Agreement is a single enterprise agreement.

1. The Transport Workers’ Union of Australia (TWU) are union bargaining representatives to the Agreement. In their Form F18 they advised the Commission they support approval of the Agreement subject to undertakings and raised concerns in relation to several terms and conditions of the Agreement which, without undertakings, could impact employees being better off overall than under the relevant award. Accordingly, I convened a conciliation conference between the parties on 16 February 2024. 

1. The Employer initially provided written undertakings on 19 February 2024. The TWU objected to the undertakings proffered and the Employer was prompted to revise the undertakings.

1. The Employer provided revised undertakings on 18 March 2024 which satisfied all Commission concerns and reflected what was discussed at the conciliation conference. No further objections were raised by the TWU.

1. A copy of the undertakings provided by the Employer is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The model dispute resolution term at Schedule 6.1 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. 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) I note that the Agreement covers the organisation.

1. The Agreement is approved and in accordance with s.54, will operate from 28 March 2024. The nominal expiry date of the Agreement is 6 November 2026.

COMMISSIONER

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Annexure A