Cleanaway Operations Pty Ltd Trading AS Cleanaway Summary

[2025] FWCA 2968

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Cleanaway Operations Pty Ltd Trading AS Cleanaway

(AG2025/2520)

CLEANAWAY OILS AND TECHNICAL SERVICES KWINANA & HENDERSON ENTERPRISE AGREEMENT 2025

Waste management industry
COMMISSIONER LIM	PERTH, 3 SEPTEMBER 2025

Application for approval of the Cleanaway Oils and Technical Services Kwinana & Henderson Enterprise Agreement 2025.

Cleanaway Operations Pty Ltd Trading AS Cleanaway (the Applicant) has made an application for the approval of an enterprise agreement known as the Cleanaway Oils and Technical Services Kwinana & Henderson Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Workers’ Union (AWU) (the organisation), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisation is covered by the Agreement.

The Agreement was approved on 3 September 2025 and, in accordance with s 54, will operate from 10 September 2025. The nominal expiry date of the Agreement is 3 September 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, trading as Cleanaway, sought approval of the Cleanaway Oils and Technical Services Kwinana & Henderson Enterprise Agreement 2025. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement contained the necessary provisions for the protection of employees' rights and interests, and whether it complied with the procedural requirements of the Fair Work Act. The Commission had to consider whether the agreement had been fairly negotiated and whether it met the test of being "better off overall" for the employees.

The Commission found that the agreement met the necessary requirements for approval. The agreement provided for the protection of employees' rights and interests, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement had been fairly negotiated and met the test of being "better off overall" for the employees. The procedural requirements of the Fair Work Act were also satisfied, as the agreement had been properly registered and the necessary notices had been provided to the employees.

The Fair Work Commission approved the Cleanaway Oils and Technical Services Kwinana & Henderson Enterprise Agreement 2025. The agreement is now a legally binding enterprise agreement between Cleanaway and the employees covered by the agreement.

Cleanaway Operations Pty Ltd Trading AS Cleanaway

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established