Cleanaway Operations Pty Ltd

[2021] FWCA 483

[2021] FWCA 483

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2020/3636)

CLEANAWAY ERSKINE PARK DRIVERS ENTERPRISE AGREEMENT 2020

Waste management industry
COMMISSIONER MCKINNON	MELBOURNE, 2 FEBRUARY 2021

Application for approval of the Cleanaway Erskine Park Drivers Enterprise Agreement 2020.

[1] Application has been made by Cleanaway Operations Pty Ltd for approval of a single enterprise agreement known as the Cleanaway Erskine Park Drivers Enterprise Agreement 2020 (the Agreement).

[2] The application was not lodged within 14 days after the Agreement was made. In all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[4] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will operate from 9 February 2021. The nominal expiry date of the Agreement is 23 September 2022.

[6] The flexibility term in the Agreement does not contain all of the prescribed content. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement covers the Transport Workers’ Union of Australia.

COMMISSIONER

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Annexure A