Cleanaway Operations Pty Ltd T/A Cleanaway

[2019] FWCA 5326

[2019] FWCA 5326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway
(AG2019/2375)

CLEANAWAY SOLID WASTE SERVICES REGIONAL VICTORIA ENTERPRISE AGREEMENT 2019

Waste management industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 31 JULY 2019

Application for approval of the Cleanaway Solid Waste Services Regional Victoria Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Regional Victoria Enterprise Agreement 2019 (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.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement lodged contained an error at clause 26.7. On 31 July 2019, the parties filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Transport Workers’ Union of Australia, 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.

[5] The Agreement was approved on 31 July 2019 and, in accordance with s.54, will operate from 7 August 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

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