Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd

[2023] FWCA 2932

[2023] FWCA 2932

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 Operations Pty Ltd

(AG2023/3095)

CLEANAWAY SOLID WASTE SERVICES SOUTH AUSTRALIA WORKSHOP ENTERPRISE AGREEMENT 2022

Waste management industry
COMMISSIONER PLATT	ADELAIDE, 12 SEPTEMBER 2023

Application for approval of the Cleanaway Solid Waste Services South Australia Workshop Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services South Australia Workshop Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 12 September 2023.

1. As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

1. The Australian Manufacturing Workers’ Union (SA), 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act 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 7 days after the date of approval of the Agreement. The nominal expiry date is 18 September 2026.

COMMISSIONER

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