| [2025] FWCA 686 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Cleanaway Operations Pty.Ltd. T/A Cleanaway
(AG2025/10)
CLEANAWAY OIL COLLECTIONS SEQ & NORTHERN NSW DRIVERS ENTERPRISE AGREEMENT 2024
| Waste management industry | |
| COMMISSIONER PERICA | MELBOURNE, 21 FEBRUARY 2025 |
Application for approval of the Cleanaway Oil Collections SEQ & Northern NSW Drivers Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Cleanaway Oil Collections SEQ & Northern NSW Drivers Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.
Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Transport Workers’ Union of Australia being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.
The Agreement is approved today 21 February 2025. It will operate from 28 February 2025 as required by section 54 of the Act. The nominal expiry date is 21 February 2028.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE528134 PR784615>
Annexure A
- AGLC
- Cleanaway Operations Pty.Ltd. T/A Cleanaway [2025] FWCA 686
- Case
- [2025] FWCA 686
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on whether the proposed agreement complied with the statutory provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement satisfied the criteria for "simplification" and "certainty" in line with the Act's objectives. Additionally, the court needed to verify that the agreement appropriately balanced the interests of both the employees and the employer, and that it was made in good faith.
In assessing the application, the court considered various aspects of the agreement, including the negotiation process, the terms and conditions, and the impact on both parties. The court noted that the agreement had been negotiated in good faith and that it contained provisions that were clear and understandable. The court also found that the agreement provided for fair and reasonable terms that met the statutory requirements. Ultimately, the court determined that the agreement was fit for purpose and approved it accordingly.
The Fair Work Commission approved the Cleanaway Oil Collections SEQ & Northern NSW Drivers Enterprise Agreement 2024, recognising its compliance with the statutory requirements of the Fair Work Act 2009. The decision was made on the basis that the agreement met the criteria for simplification, certainty, and good faith negotiation, and provided fair and reasonable terms for both parties.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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