Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd
[2022] FWCA 2025
•20 JUNE 2022
| [2022] FWCA 2025 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd
(AG2022/1550)
Cleanaway – Solid Waste Services Townsville Region Enterprise Agreement 2022
| Waste management industry | |
| DEPUTY PRESIDENT MOLTONI | BRISBANE, 20 JUNE 2022 |
Application for approval of the Cleanaway – Solid Waste Services Townsville Region Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Cleanaway – Solid Waste Services Townsville Region Enterprise Agreement 2022 (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 (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement
The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 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.
Noting the undertakings provided and clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the TWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 20 June 2025.
DEPUTY PRESIDENT
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