Cleanaway Operations Pty Ltd

[2021] FWCA 5846

[2021] FWCA 5846

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Cleanaway Operations Pty Ltd
(AG2021/6989)

CLEANAWAY ORGANICS NEW SOUTH WALES DRIVERS ENTERPRISE AGREEMENT 2017

Waste management industry
DEPUTY PRESIDENT EASTON	SYDNEY, 15 SEPTEMBER 2021

Application for termination of the Cleanaway Organics New South Wales Drivers Enterprise Agreement 2017.

[1] Cleanaway Operations Pty Ltd (the Applicant) made an application for the termination of the Cleanaway Organics New South Wales Drivers Enterprise Agreement 2017 (the Agreement) pursuant to s.225 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is expressed to cover the Applicant and its employees engaged within the Operating Unit of the Organics business unit at the New South Wales sites. The Agreement has passed its nominal expiry date.

[2] Section 225 and section 226 of the Act provides:

“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.”

[3] The application was accompanied by a F24C declaration completed by Ms Stephanie Moretti (Human Resources Partner for the Applicant). Ms Moretti declared that there were no employees covered by the Agreement as the Organics business within Cleanaway Operations Pty Ltd has closed and is no longer in operation. She also declared that all employees engaged in the Organics division were redeployed more than one year ago.

[4] There is no employee organisation or employees covered by the Agreement whose views or circumstances I can take into account.

[5] Based on the material contained in the employer’s declaration filed with the application, I am satisfied that termination of the Agreement is not contrary to the public interest (per s.226(a)) and that it is appropriate to terminate the agreement in the circumstances (per s.226(b)).

[6] The termination will operation from the date of this decision.

DEPUTY PRESIDENT

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