Cleanaway Operations Pty Ltd
[2023] FWCA 1617
•5 JUNE 2023
| [2023] FWCA 1617 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cleanaway Operations Pty Ltd
(AG2023/1406)
APPLICATION FOR APPROVAL OF THE CLEANAWAY LIQUID TECHNICAL SERVICES KWINANA & HENDERSON ENTERPRISE AGREEMENT 2022
| Waste management industry | |
| COMMISSIONER JOHNS | MELBOURNE, 5 JUNE 2023 |
Application for approval of the Cleanaway Liquid Technical Services Kwinana & Henderson Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the CLEANAWAY LIQUID TECHNICAL SERVICES KWINANA & HENDERSON ENTERPRISE AGREEMENT 2022 (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 Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The Agreement lodged with the Fair Work Commission contained a cross-referencing error in Clause 10.6 of the Agreement. On 30 May 2023, the Applicant filed an amended Agreement page rectifying the error. I am satisfied employees covered by the Agreement were not likely to have been disadvantaged by the error and that the correction to the Clause should be made and that it is appropriate to do so pursuant to s.586 of the Act.
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.
The Australian Workers’ Union 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 the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2023. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
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