Cleanaway Operations Pty Ltd

[2021] FWCA 6709

[2021] FWCA 6709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s. 185 - Application for approval of a single-enterprise agreement

Cleanaway Operations Pty Ltd
(AG2021/8082)

CLEANAWAY SOLID WASTE SERVICES KIMBERLEY REGION ENTERPRISE AGREEMENT 2021

Waste management industry
COMMISSIONER MIRABELLA	MELBOURNE, 16 NOVEMBER 2021

Application for approval of the Cleanaway Solid Waste Services Kimberley Region Enterprise Agreement 2021

[1] Cleanaway Operations Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Kimberley Region Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application (and accompanying declaration), I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[4] The Form F17 lodged by the Employer contained a typographical error. The Employer has requested that the Commission exercise its discretion to correct this error pursuant to s. 586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s. 586 of the Act. On 11 November 2021, the Employer filed an amended version of the Form F17 correcting the error identified.

[5] 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.

[6] 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) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

[7] The Agreement was approved on 16 November 2021 and, in accordance with s. 54, will operate from 23 November 2021. The nominal expiry date of the Agreement is 17 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE513899  PR735836>

Annexure A