DECISION

Fair Work Act 2009
Section 225 - Application for termination of an enterprise agreement after its nominal expiry date

Cleanaway Operations Pty Ltd
(AG2017/6814)

TRANSPACIFIC INDUSTRIAL SOLUTIONS SOUTH AUSTRALIA (OLYMPIC DAM) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT ANDERSON	ADELAIDE, 14 MARCH 2018

Application for termination of the Transpacific Industrial Solutions South Australia (Olympic Dam) Enterprise Agreement 2014

[1] On 23 November 2017, Cleanaway Operations Pty Ltd (formerly Transpacific Industries Pty Ltd) (Cleanaway Operations)made an application to terminate the Transpacific Industrial Solutions South Australia (Olympic Dam) Enterprise Agreement 2014 (the Agreement) under section 225 of the Fair Work Act 2009 (the FW Act).

[2] This matter was the subject of a hearing on 14 March 2018 at which time I heard from Ms Tamara Bradney, Human Resources Officer, and Ms Victoria Scriven, Senior Human Resource Business Partner, on behalf of Cleanaway Operations.

[3] Cleanaway Operations is entitled to apply for the termination of the Agreement pursuant to section 225 of the FW Act.

[4] Notice of this hearing was provided to the Australian Workers’ Union (AWU) being a bargaining representative for the Agreement and covered by it. The AWU indicated by email dated 22 February 2018 that it supports the termination of the Agreement and does not otherwise seek to be heard.

[5] The application is made on the ground that persons are no longer employed under the Agreement nor likely to be so employed.

[6] I have considered the information provided in the application and by Ms Victoria Scriven pursuant to section 225 of the FW Act. This includes the Statutory Declarations of Ms Scriven dated 22 November 2017. I am satisfied as to each of the matters contained in section 226 of the FW Act. It is not contrary to the public interest to terminate the Agreement. It is appropriate to terminate the Agreement. No adverse consequences arise from such a course. Accordingly, the Agreement is terminated.

[7] The termination will come into effect from 11.59pm on 14 March 2018. An Order to this effect will be issued.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleanaway Operations Pty Ltd, an entity associated with the waste management industry, sought the termination of the Transpacific Industrial Solutions South Australia (Olympic Dam) Enterprise Agreement 2014. This application was brought before the Fair Work Commission. The primary dispute centred around the enforceability of the enterprise agreement and whether the process by which it was registered was flawed, thus warranting its termination.

The central legal issues revolved around the interpretation of the relevant sections of the Fair Work Act 2009, particularly concerning the conditions under which an enterprise agreement could be terminated. Key questions included whether the application was lodged within the requisite time limits and whether the agreement had been correctly registered and maintained. The court needed to ascertain whether Cleanaway's application was procedurally sound and if the enterprise agreement was indeed defective.

The Fair Work Commission examined the procedural aspects of Cleanaway's application and the validity of the enterprise agreement. It concluded that Cleanaway had indeed filed the application within the permissible timeframe. The Commission also found that the enterprise agreement was correctly registered and complied with the necessary requirements. Consequently, the Commission found that Cleanaway had not established grounds for the termination of the agreement. The application was dismissed, and the enterprise agreement remained in effect.

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