Cleanaway Operations Pty Ltd T/A Cleanaway

[2020] FWCA 2427

[2020] FWCA 2427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway
(AG2020/1197)

CLEANAWAY KINGSTON MUNICIPAL ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 8 MAY 2020

Application for termination of the Cleanaway Kingston Municipal Enterprise Agreement 2015.

[1] Cleanaway Operations Pty Ltd T/A Cleanaway has made an application for the Fair Work Commission (Commission) to terminate the Cleanaway Kingston Municipal Enterprise Agreement 2015 (Agreement) pursuant to s.225 of the Fair Work Act 2009 (FW Act). The application was made on 29 April 2020.

[2] The Transport Workers’ Union of Australia (TWU), being the employee organisation covered by the Agreement, was advised of the application and did not raise any objection. Further, on 7 May 2020, I held a preliminary conference where the Applicant indicated that the TWU agreed with the Applicant’s application for the Commission to terminate the Agreement.

[3] At the conference, the Applicant indicated that the reason they seek for the Agreement to be terminated is that there are currently no employees covered by the Agreement due to the Applicant no longer having the contract to serve the Kingston Council.

[4] In respect of any potential where the Applicant secures any work for the Kingston Council, there is the protection that those employees will be covered by the Cleanaway Cardinia and Greater Melbourne Municipal Enterprise Agreement 2016.

[5] Pursuant to s.225 of the FW Act and having considered and being satisfied about each
of the matters contained in s.226 of the Act, the Agreement is terminated.

[6] The termination of the Agreement will come into effect on 8 May 2020.

COMMISSIONER

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