Cleanaway Operations Pty Ltd

[2021] FWCA 5067

[2021] FWCA 5067

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2021/6633)

CLEANAWAY LIQUID TECHNICAL SERVICES LAVERTON ENTERPRISE AGREEMENT 2021

Waste management industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 17 AUGUST 2021

Application for approval of the Cleanaway Liquid Technical Services Laverton Enterprise Agreement 2021.

[1] Cleanaway Operations Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Cleanaway Liquid Technical Services Laverton 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 requested that the Commission exercise the discretion available to it under s 586(a) of the Act to allow a correction or amendment to the proposed Agreement. The correction involves an amendment to clause 14.8. The Employer submits that clause 14.8 of the Agreement incorrectly references clause 25 of the Agreement and should reference clause 23 of the Agreement.

[3] I am satisfied that it is appropriate for the Commission to exercise the discretion available to it to correct the Agreement in the manner proposed on the basis that the correction is administrative in nature only, and simply to ensure the Agreement accurately reflects what was agreed to and approved by the parties and the employees who voted to approve the Agreement.

[4] The Employer has provided a revised copy of the Agreement that contains the amended correction. It will now be published on the Commission’s website in place of the copy that was submitted to the Commission at the time the application was made.

[5] On the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[6] 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.

[7] The Australian Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[8] The Agreement was approved on 17 August 2021 and, in accordance with s 54, will operate from 24 August 2021. The nominal expiry date of the Agreement is 1 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE512769  PR732885>