Cleanaway Operations Pty Ltd T/A Cleanaway

[2025] FWCA 583

[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

1. 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.

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

1. 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.

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

1. 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.

1. 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

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