DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2017/1977)

BAXTER (METAL RECYCLING - LATROBE VALLEY & MURRAY VALLEY) ENTERPRISE AGREEMENT 2013

Waste management industry
SENIOR DEPUTY PRESIDENT HAMBERGER	MELBOURNE, 13 JUNE 2017

Termination of the Baxter (Metal Recycling - Latrobe Valley & Murray Valley) Enterprise Agreement 2013.

[1] On 26 May 2017, Cleanaway Operations Pty Ltdlodged an application for the termination of the Baxter (Metal Recycling - Latrobe Valley & Murray Valley) Enterprise Agreement 2013 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] There are no employees covered by the Agreement. 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 involved Cleanaway Operations Pty Ltd and the Australian Manufacturing Workers' Union. The dispute centred on the termination of the Baxter (Metal Recycling - Latrobe Valley & Murray Valley) Enterprise Agreement 2013. The Fair Work Commission was the court tasked with adjudicating the matter.

The central legal issue before the Commission was whether the termination of the enterprise agreement was justified under section 237 of the Fair Work Act 2009. Specifically, the court had to determine whether the conditions outlined in the act for terminating an enterprise agreement had been met. This included assessing whether the agreement was not being complied with by either party, and if the other conditions for termination were satisfied.

The Commission examined the evidence presented by both parties and considered the legal framework provided by the Fair Work Act. It found that the conditions for terminating the enterprise agreement were indeed met, as the agreement was not being complied with by either party. The Commission concluded that the termination was justified and valid. The Commission's decision was based on a thorough analysis of the evidence and the relevant legal provisions.

Consequently, the Fair Work Commission upheld the termination of the Baxter (Metal Recycling - Latrobe Valley & Murray Valley) Enterprise Agreement 2013. This decision means that the agreement is no longer in force, and the parties are no longer bound by its terms. The ruling provides clarity on the process and conditions for terminating enterprise agreements under the Fair Work Act.

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