Cleanaway Operations Pty Ltd Summary

[2025] FWCA 3197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cleanaway Operations Pty Ltd

(AG2025/2638)

CLEANAWAY SOLID WASTE SERVICES RANDWICK CITY COUNCIL (MUNICIPAL) - ENTERPRISE AGREEMENT 2025

Waste management industry
DEPUTY PRESIDENT CROSS	SYDNEY, 22 SEPTEMBER 2025

Application for approval of the Cleanaway Solid Waste Services Randwick City Council (Municipal) - Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Randwick City Council (Municipal) - Enterprise Agreement 2025 (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.

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

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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.

I note that the Agreement contains an NES precedence clause at cl.4, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2025. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Cleanaway Operations Pty Ltd, applied to the Fair Work Commission for approval of the Cleanaway Solid Waste Services Randwick City Council (Municipal) - Enterprise Agreement 2025. The dispute centred around the terms and conditions of employment for the employees covered by the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement provided for the minimum entitlements required by the Act, and whether it had been genuinely negotiated between the parties. Additionally, the Commission had to consider whether the agreement included any terms that would have an adverse effect on employees' job security or safety.

The Commission found that the proposed agreement met all statutory requirements. It provided for minimum entitlements, had been genuinely negotiated, and did not include any terms that would adversely affect job security or safety. Consequently, the Commission approved the agreement, noting that it was in the best interests of the employees and the employer. The applicant was granted leave to implement the agreement, subject to the terms and conditions set out in the approval order.

Cleanaway Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established