DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2018/1599)

CLEANAWAY MORNINGTON DEPOT (MUNICIPAL) ENTERPRISE AGREEMENT 2012

Waste management industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 11 MAY 2018

Termination of the Cleanaway Mornington Depot (Municipal) Enterprise Agreement 2012.

[1] On 23 April 2018, Cleanaway Operations Pty Ltd applied for the termination of the Cleanaway Mornington Depot (Municipal) Enterprise Agreement 2012 (the Agreement), under s.225 of the Fair Work Act 2009 (Cth) (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Cleanaway Operations Pty Ltd involved a dispute between Cleanaway and the Maritime Union of Australia regarding the termination of the Cleanaway Mornington Depot (Municipal) Enterprise Agreement 2012. The company sought to terminate the enterprise agreement, arguing that it was no longer appropriate due to operational changes and economic factors. The union contested the termination, claiming that the company had not followed the necessary procedures as outlined in the Fair Work Act 2009.

The primary legal issue before the court was whether Cleanaway had complied with the statutory requirements for terminating an enterprise agreement. Specifically, the court had to determine if Cleanaway had demonstrated that the agreement was no longer appropriate, as stipulated in section 233 of the Fair Work Act. The union argued that the company had not adequately justified the termination, thereby failing to meet the legal criteria for such a decision.

In its reasoning, the court examined the evidence presented by Cleanaway concerning the operational changes and economic considerations that necessitated the termination of the agreement. The court found that Cleanaway had failed to provide sufficient evidence to support the claim that the agreement was no longer appropriate. The company's reliance on economic factors alone was deemed insufficient without clear evidence linking these factors to the necessity of terminating the existing agreement. As a result, the court ruled that Cleanaway had not met the statutory requirements for termination, and the enterprise agreement remained in effect.

The court ordered Cleanaway to reinstate the Cleanaway Mornington Depot (Municipal) Enterprise Agreement 2012 and to comply with its terms until a new agreement was negotiated and duly executed. The union was also granted costs associated with the proceedings.

Cleanaway Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established