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austlii:cth/FWCA/2025/4191
General information, not legal advice.
FWCA
2025-12-05
Original judgment source is linked above.
The attached document wholey replaces the document previously issued with the code [2025] FWC 3723 issued on 5 December 2025 to correct document referencing.
Document reference changed from [2025] FWC 3723 to [2025] FWCA 4191.
s.185 - Application for approval of a single-enterprise agreement
CLEANAWAY REFINERY OPERATORS WETHERILL PARK ENTERPRISE AGREEMENT 2025
Application for approval of the Cleanaway Refinery Operators Wetherill Park Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Refinery Operators Wetherill Park 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] The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.
[3] Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
[4] I note that Clause 5.1 of the Agreement provides that:
"This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency."
[5] Clause 5.1 addresses any concerns in relation to potential inconsistency with the NES in the operation clauses 35 and 37.5.
[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 30 June 2029.
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