Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd

Case •

[2022] FWCA 2074

•

23 JUNE 2022
[2022] FWCA 2074

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd

(AG2022/1612)

CLEANAWAY LIQUID TECHNICAL SERVICES ROCKHAMPTON DRIVERS ENTERPRISE AGREEMENT 2022

Waste management industry

COMMISSIONER P RYAN

SYDNEY, 23 JUNE 2022

Application for approval of the Cleanaway Liquid Technical ServicesRockhampton Drivers Enterprise Agreement 2022

  1. Cleanaway Operations Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Cleanaway Liquid Technical Services Rockhampton Drivers Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

  1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Section 190 Undertakings

  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

Sections 186, 187, 188 and 190

  1. Subject to the undertakings referred to above, 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.

Model Consultation Term

  1. The Agreement does not contain a consultation term, as required by s.205(1) of the Act. Pursuant to s.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.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2022. The nominal expiry date of the Agreement is 23 June 2026.

COMMISSIONER

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