Cleanaway Operations Pty Ltd

[2025] FWCA 2513

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd

(AG2025/2270)

CLEANAWAY INDUSTRIAL WASTE SERVICES QUEENSLAND ENTERPRISE AGREEMENT 2024

Waste management industry
COMMISSIONER HUNT	BRISBANE, 4 AUGUST 2025

Application for approval of the Cleanaway Industrial Waste Services Queensland Enterprise Agreement 2024

Cleanaway Operations Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Cleanaway Industrial Waste Services Queensland Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 30 January 2025 and the Agreement was made on 27 June 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Transport Workers’ Union of Australia (TWU) and the Australian Workers’ Union (AWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The TWU indicated that it was supportive of the Employer’s undertakings.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The TWU and the AWU, each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the TWU and the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2025. The nominal expiry date of the Agreement is 30 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

The case involved Cleanaway Operations Pty Ltd, an applicant seeking approval for the Cleanaway Industrial Waste Services Queensland Enterprise Agreement 2024. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant sought to ensure that the proposed agreement, which contained provisions concerning wages, conditions of employment, and other terms and conditions of employment for employees, would be recognised and enforced.

The legal issues before the Commission included whether the agreement was made in accordance with the statutory requirements for approval, whether it contained mandatory terms, and whether it was in the interests of the employees it covered. The Commission needed to assess whether the agreement was made genuinely for the purpose of establishing a uniform system of wages and conditions, and whether it provided a safety net for employees, including minimum rates of pay and conditions. Additionally, the Commission had to consider whether the agreement facilitated productive and harmonious workplace relations.

The Fair Work Commission found that the application met the statutory requirements for approval. The agreement was made in good faith for the purpose of establishing a uniform system of wages and conditions, and it included mandatory terms that provided a safety net for employees. The Commission was satisfied that the agreement facilitated productive and harmonious workplace relations, and it was in the interests of the employees it covered. As a result, the Commission approved the Cleanaway Industrial Waste Services Queensland Enterprise Agreement 2024. The final orders of the Commission included the approval of the agreement and its registration with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established