Cleanaway Operations Pty Ltd T/A Cleanaway

[2016] FWCA 6452

[2016] FWCA 6452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Cleanaway Operations Pty Ltd T/A Cleanaway
(AG2016/5366)

TRANSPACIFIC INDUSTRIAL SOLUTIONS SHELL CLYDE GREENFIELDS AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 8 SEPTEMBER 2016

Application for termination of the Transpacific Industrial Solutions Shell Clyde Greenfields Agreement 2013.

[1] On 30 August 2016 Cleanaway Operations Pty Ltd T/A Cleanaway (the Applicant) made an application to terminate the Transpacific Industrial Solutions Shell Clyde Greenfields Agreement 2013 (the Agreement) pursuant to s.225 of the Fair Work Act 2009 (the Act).

[2] The nominal expiry date of the Agreement was 30 August 2016.

[3] Attached to the application was a F24C statutory declaration by Mr Danny Lemme who is the Senior Human Resources Business Partner of the Applicant.

[4] In his statutory declaration, Mr Lemme noted that there is no foreseeable need in the future to employ anybody under this Agreement. The Agreement is now past its expiry date and no person will be disadvantaged in terminating it.

[5] The application is supported by the Construction, Forestry, Mining and Energy Union (CFMEU), which is covered by the agreement.

[6] On the material before me I am satisfied that the requirements of the Act have been met and, therefore, pursuant to s.226 I must approve the termination of the Agreement.

[7] Accordingly, the application to terminate is approved and the termination will come into effect from 8 September 2016.

DEPUTY PRESIDENT

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