Cleanaway Operations Pty Ltd T/A Cleanaway

[2025] FWCA 583

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

(AG2024/4579)

CLEANAWAY INDUSTRIAL SERVICES GOVE ENTERPRISE AGREEMENT 2024

Waste management industry
COMMISSIONER THORNTON	ADELAIDE, 13 FEBRUARY 2025

Application for approval of the Cleanaway Industrial Services Gove Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Cleanaway Industrial Services Gove Enterprise Agreement 2024 (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 T/A Cleanaway (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Clauses 30.7(b) and (c) may be inconsistent with the National Employment Standards (NES) in that they provide for deductions on termination of employment from NES entitlements owing to employees, subject to an authorisation from the employee. Noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

I am satisfied that clauses 7(s) and 36.1(c) define employees as shiftworkers for the purposes of the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 20 February 2025. The nominal expiry date of the Agreement is 13 February 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Cleanaway Operations Pty Ltd, trading as Cleanaway, applied for the approval of the Cleanaway Industrial Services Gove Enterprise Agreement 2024. The agreement was put forward as a means to regulate the terms and conditions of employment for certain employees within the company's industrial services division, based in Gove, Northern Territory. The application was made under the Fair Work Act 2009, which mandates that enterprise agreements must meet specific criteria to be approved and registered.

The primary legal issues before the Commission involved whether the agreement complied with the statutory requirements set forth in the Fair Work Act. These included whether the agreement contained the necessary "protected action" provisions, whether it adhered to the process for making an enterprise agreement, and whether it was free from any provisions that were contrary to public policy or contravened the Act. Additionally, the Commission needed to assess whether the agreement satisfied the "better off overall test" (BOOT), ensuring that no party would be disadvantaged by the terms of the agreement.

In considering these matters, the Commission examined the content and process of the agreement, finding that it met the legislative requirements. The agreement included all necessary protected action provisions and adhered to the formal processes outlined in the Act. Furthermore, the Commission determined that the agreement did not contain any provisions that were against public policy or in breach of the Act. It also satisfied the BOOT, as the employees involved would be better off overall with the terms of the new agreement. Consequently, the Commission approved the application and registered the Cleanaway Industrial Services Gove Enterprise Agreement 2024.

The final orders included the registration of the agreement, effective from the date of the decision, and the determination that the agreement was to be taken as meeting the requirements of the Fair Work Act. This decision ensures that the agreement will govern the employment terms for the specified employees, providing clarity and legal certainty moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established