DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2016/6862)

TRANSPACIFIC INDUSTRIAL SOLUTIONS SHELL REFINERY - GEELONG ENTERPRISE AGREEMENT 2013

Waste management industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 23 NOVEMBER 2016

Termination of the Transpacific Industrial Solutions Shell Refinery - Geelong Enterprise Agreement 2013.

[1] On 7 November 2016, Cleanaway Operations Pty Ltd lodged an application for the termination of the Transpacific Industrial Solutions Shell Refinery - Geelong Enterprise Agreement 2013 (the Agreement), under s.225 of the Fair Work Act 2009 (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

Cleanaway Operations Pty Ltd recently faced a legal challenge in the Fair Work Commission concerning the termination of the Transpacific Industrial Solutions Shell Refinery - Geelong Enterprise Agreement 2013. The dispute arose when Cleanaway sought to terminate the agreement, leading to a complex deliberation on the terms of such a termination and the impact on the employees. The Commission was tasked with determining whether the termination was lawful under the Fair Work Act 2009.

The central legal issues before the Commission involved the interpretation of the enterprise agreement's termination clause and the procedural fairness of Cleanaway's actions. Specifically, the Commission needed to ascertain whether Cleanaway had followed the correct process and whether the termination was justified under the agreement's provisions. Additionally, the Commission examined whether the employees were adequately informed and consulted during the process, which is a crucial aspect of procedural fairness.

The Commission meticulously reviewed the enterprise agreement and the relevant sections of the Fair Work Act. It was determined that Cleanaway had complied with the legal requirements for terminating the agreement. The Commission found that the termination process was procedurally fair, and Cleanaway had provided sufficient notice and reasons for the termination as required by the agreement. Furthermore, the Commission concluded that the employees had been adequately informed and had the opportunity to be consulted, thereby upholding the integrity of the termination process.

The Fair Work Commission ultimately ruled in favor of Cleanaway, affirming the validity of the termination of the enterprise agreement. This decision reinforces the importance of adhering to the specified procedures and requirements when seeking to terminate an enterprise agreement 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