Cleanaway Operations Pty Ltd T/A Cleanaway

[2024] FWCA 4501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway

(AG2024/4710)

CLEANAWAY SOLID WASTE SERVICES WESTERN AUSTRALIA (SOUTH-WEST REGION) AND NORTHERN TERRITORY MAINTENANCE ENTERPRISE AGREEMENT 2023

Waste management industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 17 DECEMBER 2024

Application for approval of the Cleanaway Solid Waste Services Western Australia (South-West Region) and Northern Territory Maintenance Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Western Australia (South-West Region) and Northern Territory Maintenance Enterprise Agreement 2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Cleanaway Operations Pty Ltd (Employer). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Transport Workers Union of Australia (TWU) being a bargaining representative for the Agreement supports the approval of the Agreement and has given 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 that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 24 December 2024. The nominal expiry date of the Agreement is 17 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Cleanaway Operations Pty Ltd trading as Cleanaway, applied for approval of a new enterprise agreement, the Cleanaway Solid Waste Services Western Australia (South-West Region) and Northern Territory Maintenance Enterprise Agreement 2023. The agreement was to apply to employees who were members of the relevant union and covered by the existing enterprise agreement, the Cleaners and Laundries Industry Enterprise Agreement 2016. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues for the Commission were whether the agreement provided for the proper protection of employees' rights and entitlements, whether it was fairly negotiated, and whether it met the requirements for being a simple, fair, and portable agreement. The Commission noted that the agreement included provisions for pay rates, penalty rates, leave entitlements, and other conditions of employment. The Commission also considered whether the agreement adequately protected the rights of employees, including those who were not union members. The Commission found that the agreement was fairly negotiated and met the criteria for approval, including being simple, fair, and portable.

The Commission approved the Cleanaway Solid Waste Services Western Australia (South-West Region) and Northern Territory Maintenance Enterprise Agreement 2023, effective from 1 July 2023. The Commission noted that the agreement provided for appropriate protections for employees, including those who were not union members, and that it met the requirements for being a simple, fair, and portable agreement. The Commission also found that the agreement was fairly negotiated and provided for proper protection of employees' rights and entitlements. The approval of the agreement ensures that employees covered by the agreement will have their rights and entitlements protected and that the agreement will provide for a fair and reasonable set of terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established