Application for approval of the Cleanaway Solid Waste Services Townsville Region Enterprise Agreement 2025-2027

[1] Cleanaway Operations Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Cleanaway Solid Waste Services Townsville Region Enterprise Agreement 2025-2027 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

Notice of Employee Representational Rights (NERR)

[2] The NERR was issued to employees on 24 October 2025, more than 14 days after notification time of 18 February 2025. The Employer's initiating application indicated that it was discovered that the initial NERR was sent to the wrong group of employees, and so to rectify this, the Employer resent the NERR to every employee covered by the Agreement to their personal email address listed with the Employer.

[3] I am satisfied having regard to this material and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this matter constituted a minor technical or procedural error for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by this error.

[4] The employer provided written undertakings. 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.

[5] Subject to the undertakings referred to above, and having had regard to the Statement of Principles on Genuine Agreement, 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.

[6] 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.

[7] In accordance with s.201(2), I note that the Agreement covers the TWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2025. The nominal expiry date of the Agreement is 20 June 2027.

[1] [2019] FWCFB 318.

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