Application for approval of the Cleanaway Solid Waste Services Katherine and Alice Springs Enterprise Agreement 2023

[1] Cleanaway Operations Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Cleanaway Solid Waste Services Katherine and Alice Springs Enterprise Agreement 2023 (the Agreement).

[2] The Transport Workers' Union of Australia (TWU), 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) I note that the Agreement covers the TWU.

[3] Clause 28.3(b) of the Agreement, relating to casual loading and shift loading, is ambiguous as to whether casual employees working shift work will be entitled to overtime. The Employer provided an undertaking resolve this issue.

[4] The TWU initially raised concerns regarding whether 15.6(d) of the Agreement removed casual employees' right to long service leave. The Employer provided submissions that casual employees under the Agreement are entitled to long service leave under the Long Service Leave Act 1981 (NT) and this entitlement is not removed by the Agreement. The TWU did not press its objection, and I accept the Employer's submissions.

[5] Clause 19.2(a) provides rates of pay for employees employed at Level 1 and Level 2 which may in certain circumstances leave employees engaged in those classifications worse off than under comparable classifications in the Waste Management Award 2020. The Employer provided an undertaking that Level 1 and Level 2 would be "severed" from the Agreement, so no employee will be engaged under these classifications. I accept this undertaking resolves this issue.

[6] 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2025. The nominal expiry date of the Agreement is 15 July 2027.

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