Cleanaway Operations Pty Ltd

[2023] FWCA 2577

[2023] FWCA 2577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cleanaway Operations Pty Ltd

(AG2023/2644)

CLEANAWAY SOLID WASTE SERVICES GEELONG (COMMERCIAL & INDUSTRIAL) ENTERPRISE AGREEMENT 2023

Waste management industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 16 AUGUST 2023

Application for approval of the Cleanaway Solid Waste Services Geelong (Commercial & Industrial) Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Geelong (Commercial & Industrial) 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 Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

1. I note that Clause 5 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Under the terms of that clause where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

1. The Transport Workers Union of Australia (Vic/Tas Branch) (TWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the TWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2025.

DEPUTY PRESIDENT

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