Cleanaway Operations Pty Ltd
[2022] FWCA 4220
•1 DECEMBER 2022
| [2022] FWCA 4220 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Cleanaway Operations Pty Ltd
(AG2022/4632)
Cleanaway Solid Waste Services Adelaide Urban and Surrounds and Riverland Enterprise Agreement 2021
| Waste management industry | |
| COMMISSIONER SPENCER | BRISBANE, 1 DECEMBER 2022 |
Application for approval of the Cleanaway Solid Waste Services Adelaide Urban and Surrounds and Riverland Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Adelaide Urban and Surrounds and Riverland Enterprise Agreement 2021 (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.
I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Transport Workers’ Union (TWU) 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.
Consideration has been given to the concern raised by the TWU in relation to the consultation clause. Clause 9.3 taken as a whole address these issues, but in particular ‘the Company must give prompt and genuine consideration to matters raised by the Relevant Employees’ addresses the concerns around consultation raised by the Union.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from December 8, 2022. The nominal expiry date of the Agreement is December 8, 2025.
COMMISSIONER
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