Cleanaway Pty Ltd

[2025] FWCA 433

[2025] FWCA 433

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleanaway Pty Ltd

(AG2024/5298)

CLEANAWAY SOLID WASTE SERVICES TASMANIA COLLECTIONS ENTERPRISE AGREEMENT 2024

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 4 FEBRUARY 2025

Application for approval of the Cleanaway Solid Waste Services Tasmania Collections Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Tasmania Collections Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cleanaway Pty Ltd. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Agreement is approved and in accordance with s.54, will operate from 11 February 2025. The nominal expiry date of the Agreement is 30 November 2028.

Variation

1. Section 218A(1) provides that the Commission may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form). Subsection 218A(2)(a) allows the Commission to vary an enterprise agreement on its own initiative.

1. I observe the Agreement contains the following errors –

·   Clause 2.2 provides the nominal expiry date of the Agreement as 30 November 2024. However, this should be 30 November 2028.  

·   Clause 27.3.2 of the Agreement refers to clause 27.8. However, this reference should be to clause 27.3.1 as the Agreement does not have a clause 27.8.

1. I am satisfied that it is appropriate to amend clauses 2.2 and 27.3.2 of the Agreement as these are obvious errors within the meaning of s.218A(1).

1. I therefore amend clause 2.2 to read as “The nominal expiry date for this Agreement is 30 November 2028.”

1. I also amend clause 27.3.2 to read as “A casual Employee engaged on shift work must be paid 25% casual loading and the relevant shift loading as specified in clause 27.3.1.”

1. A copy of the Agreement as amended is published with this decision. For the purposes of s.218A(3) the variation operates from the date the Agreement commences operation.

COMMISSIONER

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