Cleanaway Operations Pty Ltd t/a Cleanaway

[2020] FWCA 291

[2020] FWCA 291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd t/a Cleanaway
(AG2019/4881)

CLEANAWAY LIQUID WASTE MACKAY REGION ENTERPRISE AGREEMENT 2019

Waste management industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 JANUARY 2020

Application for approval of the Cleanaway Liquid Waste Mackay Region Enterprise Agreement 2019.

[1] Cleanaway has applied for approval of a single enterprise agreement known as the Cleanaway Liquid Waste Mackay Region Enterprise Agreement 2019 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct two typographical errors in the original application to correct cross – referencing, by filing two amended Agreement pages. The employee bargaining representatives did not oppose the amendments. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] On the basis of the material contained in the application, amended Agreement pages, and further information provided on request of the Commission, 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.

[5] The Agreement was approved on 20 January 2020 and, in accordance with s.54, will operate from 27 January 2020. The nominal expiry date of the Agreement is 30 December 2023.

[6] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details.

DEPUTY PRESIDENT

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