Cleanaway Operations Pty Ltd

[2016] FWCA 5298

[2016] FWCA 5298

FAIR WORK COMMISSION

DECISION

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

Cleanaway Operations Pty Ltd
(AG2016/4840)

TRANSPACIFIC INDUSTRIAL SOLUTIONS TOWNSVILLE BRANCH OPERATORS ENTERPRISE AGREEMENT 2010

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 5 AUGUST 2016

Application for termination of the Transpacific Industrial Solutions Townsville Branch Operators Enterprise Agreement 2010.

[1] On 2 August 2016 Cleanaway Operations Pty Ltd filed an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the TPCA Act”), in accordance with section 225 of the Fair Work Act 2009 (“the FW Act”), to terminate the Transpacific Industrial Solutions Townsville Branch Operators Enterprise Agreement 2010 (“the Agreement”).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] Item 16, Schedule 3 of TPCA Act states that:

16 Collective agreement-based transitional instruments: termination by the FWC

Subdivision D of Division 7 of Part 2-4 of the FW Act (which deals with termination of enterprise agreements after their nominal expiry date) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument.

[4] To avoid any confusion, any requirement in relation to the correct form to be used under the Fair Work Rules 2009 is waived. I am satisfied the application as submitted is satisfactory and accompanied with the appropriate supporting documents pursuant to the FW Act.

[5] The Australian Workers Union (“the AWU”) is named as being covered by the agreement, and I provided it with an opportunity to make submissions in relation to the proposed termination of the agreement.

[6] In having regard to the requirements of s.226 of the FW Act and based on the material that is before me, I am satisfied that:

● it is not contrary to the public interest to terminate the Agreement; and

● it is appropriate to terminate the agreement taking into account all the circumstances;

[7] In accordance with s.227 of the FW Act, the termination will come into effect from today.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AE888103  PR583656>