Cleanaway Operations Pty Ltd trading as Cleanaway

CLEANAWAY SOLID WASTE SERVICES SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2025

Application for approval of the Cleanaway Solid Waste Services South Australia Enterprise Agreement 2025

[1] Cleanaway Operations Pty Ltd trading as Cleanaway (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Cleanaway Solid Waste Services South Australia Enterprise Agreement 2025 (the Agreement). The Transport Workers' Union of Australia (TWU) was a bargaining representative for the Agreement.

[2] I held a conference on 5 February 2026 with the Employer and the TWU regarding a range of concerns I had regarding the Agreement, as well some objections raised by the TWU. Ultimately, all concerns were addressed at the conference with the exception of the following two BOOT matters which required further submissions and undertakings.

[3] Firstly, I raised a concern regarding the spread of hours provisions in the Agreement when compared to the Waste Management Award 2020 (the Award). Clause 13.2 of the Award provides for a spread of hours between 4.00am - 5pm. In comparison, clauses 22.2.1 of the Agreement provides for a spread between 3.00am to 7.00pm for certain worksites. In- addition clause 22.2.5 of the Agreement allows the spread of hours to be altered by up to 1 hour at either end by agreement between the Employer and affected employees.

[4] I accepted the Employer's submissions that an employee whose shift finishes after 6.30 pm will receive an afternoon shift loading, and therefore be better off under the Agreement than the Award. However, it was still unclear to me how an employee who commenced work at 2am would be better off under the Agreement than the Award.

[5] To address this concern the Employer provided an undertaking that employees who commences their shift before 4.00am shall be paid an allowance of $5.25 per occasion. I am satisfied that this undertaking leaves employees better off overall under the Agreement.

[6] Secondly, I raised a BOOT concern regarding casual employees and Sunday rates. Under clause 11.6 and 21.4 of the Award casual employees must be paid 210% loading for work on Sunday. In comparison clause 26.3.2 of the Agreement provides that a casual employee required to work outside of the ordinary hours shall be paid 160% for the first 2 hours and 210% thereafter. I raised that rates of pay may not be high enough to compensate for this deficiency, and therefore casual employees working Sundays may not better off overall under the Agreement.

[7] The Employer provided an undertaking addressing this issue. The undertaking provides that clause 26.3.2 will be updated so that the first two hours of work outside of ordinary hours will be paid at 175% (instead of 160%). I am satisfied that the undertaking addresses this issue.

[8] 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.

[9] 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.

[10] The TWU has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2026. The nominal expiry date of the Agreement is 24 March 2030.

Printed by authority of the Commonwealth Government Printer