Cleanaway Operations Pty Ltd T/A Cleanaway

[2024] FWCA 1680

[2024] FWCA 1680

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway

(AG2024/1248)

CLEANAWAY LIQUID TECHNICAL SERVICES KARRATHA ENTERPRISE AGREEMENT 2024

Waste management industry
DEPUTY PRESIDENT GRAYSON	SYDNEY, 7 MAY 2024

Application for approval of the Cleanaway Liquid Technical Services Karratha Enterprise Agreement 2024

1. Cleanaway Operations Pty Ltd T/A Cleanaway (the Employer) has made an application for approval of an enterprise agreement known as the Cleanaway Liquid Technical Services Karratha Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Agreement does not contain all of the requisite consultation terms, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

1. The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that 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. The undertakings are taken to be a term of the Agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2024. The nominal expiry date of the Agreement is 30 June 2025.

Variation

1. In the application for the Agreement’s approval, the Applicant identified that the employee bargaining representative signatory’s surname on the Agreement was spelled as ‘Sevin’. The Applicant indicated that the correct spelling of the employee bargaining representative’s surname is ‘Sevic’ and filed a revised copy of the Agreement, reflecting the correct spelling of Mr Sevic’s surname.

1. Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities (whether in substance or form). Its evident purpose is to remove complexity associated with varying enterprise agreements in certain limited circumstances.

1. It is significant in understanding the context of s.218A that the Commission can vary an agreement on its own initiative (s.218A(2)(a)). The power to vary an agreement under s.218A is not unlike the slip rule provisions in s.602. An agreement can be varied under s.218A to the extent necessary to remove the error, defect or irregularity –and no further.

1. I am satisfied that the error listed in [6] above is a defect within the meaning of s.218A(1) of the Act. I am content to vary the Agreement on my own initiative to rectify this error (PR774587). The variation will operate from the date the Agreement commences.

1. The Agreement attached to this Decision is the Agreement as varied and will operate from 14 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A