Application for approval of the Cleanaway Central Coast (Municipal) Depot Drivers Enterprise Agreement 2025

[1] Cleanaway Operations Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Cleanaway Central Coast (Municipal) Depot Drivers Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the FW Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by the Waste Management Award 2020 (the Award).

Inconsistencies with the National Employment Standards (NES)

[3] Clause 33.4 provides for compassionate leave; however, it is silent in relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This is inconsistent with s.104(1)(c) of the FW Act.

[4] I note that in accordance with the NES precedence term in clause 4.1.1 of the Agreement, clause 33.4 will be read and interpreted in conjunction with the NES.

Better Off Overall Test (BOOT) Issue - Shiftwork

[5] Clause 20.5.1 of the Agreement provides that early morning shift (shift that commences at or after 1:00am and before 4:00am, Monday to Friday) is paid a loading of 150%. The Agreement does not provide any further shift loadings as provided for in clause 20 of the Award with loadings ranging between 117.5% - 130%. Q13 of the F17B indicates that 'Shift Work provisions are not included as shift work is not worked under the terms of the council contract.' If employees were to work shift patterns that attract loading under clause 20 of the Award, the rates of pay do not appear to compensate.

[6] The Employer provided written undertakings to address the above BOOT issue. A copy of the undertakings is attached in Schedule 1. 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 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.

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

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2025. The nominal expiry date of the Agreement is 1 October 2029.

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