Cleanaway Operations Pty.Ltd. T/A Cleanaway

[2024] FWCA 3994

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

(AG2024/3618)

CLEANAWAY INDUSTRIAL SERVICES GREATER SYDNEY ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 15 NOVEMBER 2024

Application for approval of the Cleanaway Industrial Services Greater Sydney Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Cleanaway Industrial Services Greater Sydney 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 Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl.5.1, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2024. The nominal expiry date of the Agreement is 15 November 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty. Ltd., trading as Cleanaway, applied to the Fair Work Commission for approval of the Cleanaway Industrial Services Greater Sydney Enterprise Agreement 2024. The respondents to the application were the unions involved, as well as employees of Cleanaway who were subject to the proposed agreement. The nature of the dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement complied with the procedural requirements for enterprise agreements, and if it provided for fair and reasonable terms and conditions for the employees. This included assessing whether the agreement provided for minimum rates of pay, leave entitlements, and other conditions that were no less favourable than the relevant award or safety net award. The court also considered whether the agreement had been genuinely negotiated and if it included appropriate dispute resolution mechanisms.

The Fair Work Commission found that the agreement had been properly negotiated and contained terms and conditions that were fair and reasonable. The commission emphasised that the agreement provided for minimum rates of pay and leave entitlements that were no less favourable than the relevant awards. It also found that the dispute resolution mechanisms were appropriate and met the statutory requirements. Accordingly, the Commission approved the agreement.

The final orders of the Commission were that the Cleanaway Industrial Services Greater Sydney Enterprise Agreement 2024 be approved as a registered agreement. The approval was subject to the agreement being registered by the Registrar of the Fair Work Commission. This decision ensures that the agreement will now form the basis of employment terms and conditions for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established