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austlii:cth/FWCA/2025/3687
General information, not legal advice.
FWCA
2025-11-03
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Cleanaway Operations Pty Ltd Trading AS 010 745 383
CLEANAWAY INDUSTRIAL SERVICES GREATER NEWCASTLE METROPOLITAN AREA ENTERPRISE AGREEMENT 2025
Application for approval of the Cleanaway Industrial Services Greater Newcastle Metropolitan Area Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement to be known as the Cleanaway Industrial Services Greater Newcastle Metropolitan Area Enterprise Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cleanaway Operations Pty Ltd Trading AS 010 745 383 (Employer). The Agreement is a single enterprise agreement.
[2] There was an issue raised by the Commission with the Employer regarding a discrepancy between the Agreement title set out in the Notice of Employee Representational Rights (NERR) provided to relevant employees, and the title of the Agreement filed with the Commission (as approved by relevant employees).[1] Having regard to the submissions of the Employer provided on 31 October 2025, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
[3] The Australian Workers' Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
[4] I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 November 2025. The nominal expiry date of the Agreement is 1 July 2028.
[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.
[2] See s.188(5) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.
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