Application by Cleanaway Operations Pty Ltd
Citation: [2026] FWC 2789
At a glance
- Employees affected
- 11
What happened
Cleanaway Operations Pty Ltd acquired Citywide Service Solutions Pty Ltd in July 2025, transferring 11 employees to Cleanaway's Tullamarine depot. These employees were covered by the Citywide Service Solutions Enterprise Agreement 2024. Cleanaway sought an order from the Fair Work Commission for this agreement to no longer apply and for the Cleanaway Solid Waste Services Tullamarine C&I Drivers Enterprise Agreement 2024 to apply instead. The company consulted with employees, including a secret ballot where eight out of ten voters supported the change.
What was decided
The Fair Work Commission granted Cleanaway’s application. It found that there was a transfer of business and that the conditions under the new agreement were generally more beneficial for employees, despite an earlier start time. The Commissioner considered views from Cleanaway, employee feedback gathered through a ballot, and other factors outlined in section 318 of the Fair Work Act. No submissions were received from affected employees or unions.
What it means for employers
Employers acquiring businesses should consult with transferring employees about applicable enterprise agreements. Conducting secret ballots can provide valuable insight into employee preferences. Ensuring consistent terms and conditions across operations can reduce administrative burden and improve employee relations, but must be balanced against potential disadvantages for individual employees.
What it means for employees
Employees whose employment transfers as part of a business acquisition may see changes to their enterprise agreement. It's important to understand the implications of these changes, including any differences in pay rates or working conditions. Employees have opportunities to provide feedback during consultations and ballots.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →