s.185 - Application for approval of a single-enterprise agreement

CLEANAWAY INDUSTRIAL SERVICES WOLLONGONG ENTERPRISE AGREEMENT 2025

Application for approval of the Cleanaway Industrial Services Wollongong Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Industrial Services Wollongong Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cleanaway Operations Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] I note that the Notice of Employee Representational Rights (NERR) was not provided to employees until 15 days after the notification time.1 However, having regard to the submissions received I am satisfied that this is a minor procedural error for the purposes of s.188(5) of the Act and that employees were not likely to have been disadvantaged by the error. I therefore propose to disregard the error in accordance with s.188(5).

[3] I am of the view that the Agreement does not contain a consultation term compliant with the requirements of the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[4] On the basis of the material filed in support of the application, I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

[5] I note that Clause 5 of the Agreement provides that where there is an inconsistency between this agreement and the National Employment Standards (NES), and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. This resolves any issues in relation to the operation of clause 35.4 of the Agreement.

[6] The Australian Workers' Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

[7]

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 17 February 2027.

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