Cleanaway Operations Pty Ltd T/A Cleanaway Waste Management

[2020] FWCA 4261

[2020] FWCA 4261

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 T/A Cleanaway Waste Management
(AG2020/2356)

CLEANAWAY INDUSTRIAL SERVICES SYDNEY ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 12 AUGUST 2020

Application for termination of the Cleanaway Industrial Services Sydney Enterprise Agreement 2018.

[1] On 10 August 2020, Cleanaway Operations Pty Ltd T/A Cleanaway Waste Management applied for the termination of the Cleanaway Industrial Services Sydney Enterprise Agreement 2018 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] The application pursuant to s.225 of the Act states:

“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.”

[3] The applicant is an employer covered by the Agreement and thus has standing to make the termination applications. The Agreement has passed its nominal expiry date of 1 July 2020.

[4] Section 226 of the Act sets out when the Commission must terminate an expired enterprise agreement where an application to terminate an agreement is made.

“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.”

[5] The applicant’s statutory declaration by Mr Richard Pruckner states that no employees are covered by this agreement.

[6] The agreement covers the Australian Workers’ Union (AWU) as an employee organisation. They have indicated to the Commission that they do not object to the termination.

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

[8] The termination will come into effect from the date of this decision.

DEPUTY PRESIDENT

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