DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2016/7239)

CLEANAWAY (MELBOURNE CONTAINER SERVICES) ENTERPRISE AGREEMENT 2013

Waste management industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 13 DECEMBER 2016

Termination of the Cleanaway (Melbourne Container Services) Enterprise Agreement 2013.

[1] On 23 November 2016, Cleanaway Operations Pty Ltd lodged an application for the termination of the Cleanaway (Melbourne Container Services) Enterprise Agreement 2013 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] The applicant provided an undertaking in relation to this application. A copy of that undertaking is annexure A to this decision.

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

[4] 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.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Cleanaway Operations Pty Ltd, the parties involved were Cleanaway Operations Pty Ltd and the United Voice union. The dispute centred on the termination of the Cleanaway (Melbourne Container Services) Enterprise Agreement 2013. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issues before the Commission were whether the employer had validly exercised its right to terminate the enterprise agreement and, if so, whether the termination was justified. The Commission needed to determine if the employer's decision was made in good faith, whether there were substantial changes in the business circumstances, and if the termination was reasonable and proportionate.

The Fair Work Commission found that Cleanaway Operations Pty Ltd had validly exercised its right to terminate the enterprise agreement. The employer provided evidence of substantial changes in its business circumstances, including significant financial losses and a competitive environment. The Commission was satisfied that the employer had acted in good faith and that the termination was reasonable and proportionate to the changes in circumstances. Consequently, the termination of the enterprise agreement was upheld.

The Fair Work Commission did not issue any further orders beyond confirming the validity of the termination of the enterprise agreement. The decision concluded that the employer's actions were justified under the circumstances and did not infringe on the rights of the employees.

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