Cleanaway Operations Pty Ltd T/A Cleanaway

[2019] FWCA 8133

[2019] FWCA 8133

FAIR WORK COMMISSION

DECISION

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

Cleanaway Operations Pty Ltd T/A Cleanaway
(AG2019/4139)

TOX FREE AUSTRALIA PTY LTD- LTD DARWIN - SITE ENTERPRISE AGREEMENT 2015 -2018

Waste management industry
DEPUTY PRESIDENT ANDERSON	ADELAIDE, 2 DECEMBER 2019

Application for termination of the Tox Free Australia Pty Ltd - Darwin - Site Enterprise Agreement 2015 -2018

[1] On 30 October 2019, Cleanaway Operations Pty Ltd T/A Cleanaway (Cleanaway) made an application to terminate the Tox Free Australia Pty Ltd- Ltd Darwin - Site Enterprise Agreement 2015 -2018 (the Agreement) under section 225 of the Fair Work Act 2009 (the FW Act).

[2] I issued directions on 11 November 2019.

[3] This matter was the subject of a hearing on 2 December 2019 at which time I heard from Louise Weaver, Senior Human Resources Business Partner on behalf of Cleanaway.

[4] Notice of this hearing was provided to the TWU being a bargaining representative for the Agreement and covered by it. The TWU did not appear on the application.

[5] The applicant employer is entitled to apply for the termination of the Agreement pursuant to section 225 of the FW Act.

[6] The Agreement is a single enterprise agreement. It was approved by the Fair Work Commission (the Commission) on 29 April 2015 1. It was approved to operate from 6 May 2015 with a nominal expiry date of 28 April 2018. It has now passed its nominal expiry date.

[7] I have considered the information provided in the application and by Ms Weaver pursuant to section 225 of the FW Act. This includes the Statutory Declaration by Ms Weaver dated 25 October 2019. I note that the Statutory Declaration says that there are now no employees covered by the Agreement.

[8] I am satisfied as to each of the matters contained in section 226 of the FW Act. It is not contrary to the public interest to terminate the Agreement. It is appropriate to terminate the Agreement. No adverse consequences arise from such a course. Accordingly, the Agreement is terminated.

[9] The termination will come into effect from 11.59pm on 2 December 2019. An Order to this effect will be issued.

DEPUTY PRESIDENT

 1   [2015] FWCA 2942

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