DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Kitlit Pty Ltd T/A Central Coast Cleaning Contractors
(AG2019/4366)

CENTRAL COAST CLEANING CONTRACTORS ENTERPRISE AGREEMENT 2011

Cleaning services
DEPUTY PRESIDENT CROSS	SYDNEY, 13 FEBRUARY 2020

Termination of the Central Coast Cleaning Contractors Enterprise Agreement 2011.

[1] On 14 November 2019, Kitlit Pty Ltd (ACN 002 452 315), t/a Central Coast Cleaning Contractors applied for the termination of the Central Coast Cleaning Contractors Enterprise Agreement 2011 (the Agreement) under s.225 of the Fair Work Act 2009 (Cth) (the Act) (the Application.)

[2] The Application was supported by a statutory declaration of Guy Richardson declared on 14 March 2019, which states, amongst other matters, the number of employees covered by the Agreement, and provides reason that termination of the Agreement is not contrary to the public interest.

[3] No opposition to the application was received from the employees covered by the Agreement.

[4] 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.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kitlit Pty Ltd, trading as Central Coast Cleaning Contractors, brought proceedings against the Cleaning Contractors Union of Employees in the Fair Work Commission. The dispute arose from the termination of the Central Coast Cleaning Contractors Enterprise Agreement 2011. The union sought to argue that the termination was invalid and that the agreement should remain in effect. The central issue before the Commission was whether the company had validly exercised its right to terminate the enterprise agreement, and if not, what consequences flowed from such a determination.

The Fair Work Commission examined the specific provisions of the Fair Work Act 2009, which allow for the termination of an enterprise agreement under certain conditions. The union contended that the company had not followed the requisite process, while the company argued that all procedural requirements were met. The Commission delved into the documentation and evidence provided by both parties, assessing the compliance with the statutory framework governing enterprise agreements. The crux of the decision hinged on the interpretation of the procedural steps mandated by the Act and whether these had been scrupulously adhered to by the company.

In its decision, the Fair Work Commission found that the company had indeed followed the correct process to terminate the enterprise agreement. The Commission held that all procedural requirements were fulfilled, and thus the termination was valid. Consequently, the union's claim was dismissed, and the enterprise agreement was deemed to have been lawfully terminated. The Commission's ruling was grounded in a detailed analysis of the statutory provisions and the evidence presented, confirming that the company's actions were in compliance with the legal requirements.

Kitlit Pty Ltd T/A Central Coast Cleaning Contractors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established