Application by Cleanaway Operations Pty Ltd
Citation: [2026] FWCA 1907
What happened
Cleanaway Operations Pty Ltd applied for approval of the Cleanaway Solid Waste Services Darwin Enterprise Agreement 2026 under section 185 of the Fair Work Act 2009. A minor discrepancy existed between the agreement's title in the Notice of Employee Representational Rights and the actual agreement, but this was considered a technical error. The Transport Workers’ Union of Australia (TWU) notified their desire for the agreement to cover them.
What was decided
The Fair Work Commission approved the Cleanaway Solid Waste Services Darwin Enterprise Agreement 2026. the Commissioner found the minor title discrepancy was insignificant and did not disadvantage employees. Written undertakings from Cleanaway Operations Pty Ltd were accepted as terms of the agreement. The agreement will operate from July 29, 2026, and expire on June 30, 2029. It covers the TWU.
What it means for employers
Employers seeking to implement enterprise agreements should ensure consistency between titles used in notices and the final agreement document. Any discrepancies, even minor ones, need careful consideration to avoid potential challenges during approval processes. Providing written undertakings can help address concerns and secure approval.
What it means for employees
Employees covered by the Cleanaway Solid Waste Services Darwin Enterprise Agreement 2026 will benefit from the terms outlined in the agreement. The TWU is covered by this agreement, ensuring representation for its members.
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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 →