Cleanaway Operations Pty Ltd

[2016] FWCA 8058

[2016] FWCA 8058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2016/6674)

CLEANAWAY (WASTE MANAGEMENT & RECYCLING SERVICES CONTRACT - TOYOTA MOTOR CORPORATION - ALTONA) ENTERPRISE AGREEMENT 2012

Waste management industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 8 NOVEMBER 2016

Application for termination of the Cleanaway (Waste Management & Recycling Services Contract - Toyota Motor Corporation - Altona) Enterprise Agreement 2012.

[1] On 27 October 2016, Cleanaway Operations Pty Ltd 1 filed an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Cleanaway (Waste Management & Recycling Services Contract - Toyota Motor Corporation - Altona) Enterprise Agreement 2012 (the Agreement).

[2] The Act relevantly provides as follows:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;
(b) an employee covered by the agreement;
(c) an employee organisation covered by the agreement.

226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and
(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and
(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.

227 When termination comes into operation

If an enterprise agreement is terminated under section 226, the termination operates from the day specified in the decision to terminate the agreement.”

[3] A statutory declaration filed by Mr Phillip Turner, Human Resource Business Partner (VIC/TAS), confirms there are currently no employees engaged under the Agreement and nor will the Agreement be utilised in the future. Mr Turner said there would be no effect on Cleanaway Operations Pty Ltd if the Agreement was terminated.

[4] I am satisfied Cleanaway Operations Pty Ltd is eligible to apply to the Fair Work Commission for the termination of the Agreement under s.225(a) of the Act.

[5] In having regard to the requirements of s.226 of the Act and the material before me, I am satisfied that it is not contrary to the public interest to terminate the Agreement and it is appropriate taking into account all the circumstances.

[6] In accordance with s.227 of the Act, the termination will take effect from 8 November 2016.

DEPUTY PRESIDENT

 1   See [2016] FWCA 5585; Cleanaway Operations Pty Ltd is the successor to the employer party in the Agreement; namely, Transpacific Industries Pty Ltd.

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