Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd Summary

[2024] FWCA 3493

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd

(AG2024/3522)

CLEANAWAY SOLID WASTE SERVICES ACT ENTERPRISE AGREEMENT 2022

Waste management industry
COMMISSIONER SLOAN	SYDNEY, 3 OCTOBER 2024

Application for approval of the Cleanaway Solid Waste Services ACT Enterprise Agreement 2022

Cleanaway Operations Pty Limited (“the Employer”) has made an application for approval of an enterprise agreement known as the Cleanaway Solid Waste Services ACT Enterprise Agreement 2022 (“Agreement”), pursuant to s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
On the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The Transport Workers’ Union of Australia (“TWU”) was a bargaining representative for the Agreement. The TWU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the TWU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 10 October 2024. The nominal expiry date of the Agreement is 3 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd applied for the approval of the Cleanaway Solid Waste Services ACT Enterprise Agreement 2022. The Fair Work Commission heard the matter. The dispute arose as the applicant sought to establish terms and conditions for employees covered by the proposed agreement. The primary legal issues revolved around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. This included ensuring the agreement provided for minimum entitlements, did not discriminate unfairly, and was free from any provisions that would be contrary to public policy.

The Commission examined the proposed agreement against the legislative criteria. It assessed whether the agreement provided for adequate minimum rates of pay, leave entitlements, and other conditions of employment. The Commission also considered the fairness and reasonableness of the proposed terms and conditions, including any proposed variations from existing awards or agreements. Additionally, the Commission examined whether the agreement contained any terms that would be contrary to public policy, such as terms that might encourage or facilitate illegal activities. After thorough consideration, the Commission found that the proposed agreement complied with the statutory requirements and did not contain any terms that would be contrary to public policy.

Consequently, the Fair Work Commission approved the Cleanaway Solid Waste Services ACT Enterprise Agreement 2022. The decision confirmed that the proposed agreement met the necessary legislative standards and was suitable for registration. The approval signified that the terms and conditions outlined in the agreement would apply to the relevant employees, providing them with the agreed-upon protections and benefits.

Cleanaway Operations Pty Ltd T/A Cleanaway Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established